Jenkins v. Neal

52 Ark. 418
Supreme Court of Arkansas·Decided November 15, 1889·Published·Cited by 1 cases

Opinion

Per Curiam.

set-off. The defendant, under the facts shown in this case, was not entitled to judgment against the plaintiff •upon his set-off. He was not the owner of the note for $1700, and to allow the $960 to him in this action would subject Mrs. Jenkins to a second payment of that sum at the suit of the Hanover Bank.

collateral securities. Mrs. Jenkins is not entitled to recover the $960 of Neal, if the note upon which it was collected was given to him as collateral security, until she pays the $1700 note; nor is Neal entitled to judgment for the $1700 note until he has recovered it from the Hanover Bank by payment of his debt or otherwise.

Reverse and remand for a new trial.

Free access — add to your briefcase to read the full text and ask questions with AI

Jenkins v. Neal, 52 Ark. 418 (Ark. 1889).

52 Ark. 418 (Jenkins v. Neal) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Related

Hill v. Bush
90 S.W.2d 490 (Supreme Court of Arkansas, 1936)