Evans v. Speer Hardware Co.
Supreme Court of Arkansas
Appeal from Sebastian Circuit Court, Fort Smith District. Edgar E. Bryant, Judge. STATEMENT BY THE COURT. Appellee brought suit on the following note.
Read the full summary
Appeal from Sebastian Circuit Court, Fort Smith District. Edgar E. Bryant, Judge. STATEMENT BY THE COURT. Appellee brought suit on the following note. “Fort Smith, Ark., January 16, 1895. No. 1209. Due April 16, 1895. $300.00. Ninety days after date, without grace, we, or either of us, promise to pay to the order of Merchants’ National Bank of Fort Smith, Ark., three hundred dollars, for value received, negotiable and payable without defalcation or discount, at the Merchants’ Bank, Fort Smith, Ark., with interest from due at the rate of ten per cent, per annum, until paid. Demand, notice and…
1Opinion of the Court
Wood, J.,
(after stating the facts.) There is nothing upon the face of the note to show the status or relation of the signers to each other. Appellants are not indorsers. They do not sign as sureties, but appear upon the face of the paper as makers. The proof, however, shows that appellants are makers for the accommodation of Hiner. The note was in Hiner’s hands, to be negotiated for his benefit, which appellee knew. This was sufficient notice to it of the character of the instrument. 1 Am. & Eng. Enc. Law, 367.. Can, appellee, the holder of accommodation paper, having knowledge of its…
2Cases cited15 opinions
- Powell v. WatersNew York Supreme Court · 1819
- Keith v. GoodwinSupreme Court of Vermont · 1858
- Tabor v. Merchants National BankSupreme Court of Arkansas · 1886
- Kellogg v. CurtisSupreme Judicial Court of Maine · 1879
- Bowers v. BowersIndiana Supreme Court · 1876
10 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- White-Wilson-Drew Co. v. EgelhoffSupreme Court of Arkansas · 1910
- Conqueror Trust Co. v. Bayless Drug Co.Supreme Court of Oklahoma · 1919
- Simmons National Bank v. Dilley Foundry Co.Supreme Court of Arkansas · 1910
- Miles v. DodsonSupreme Court of Arkansas · 1912
- Wilhoit v. SeavallSupreme Court of Kansas · 1926
6 more not listed; retrieve them via the Exa API.