Jenkins v. Neal

Supreme Court of Arkansas

Jenkins v. Neal

52 Ark. 418

CourtSupreme Court of Arkansas

DecidedNovember 15, 1889

StatusPublished

Cited by1 cases

This text of 52 Ark. 418 (Jenkins v. Neal) is published on Counsel Stack Legal Research, covering Supreme Court of Arkansas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

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

Pincite

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.

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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.

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Bluebook (online)

52 Ark. 418, Counsel Stack Legal Research, https://law.counselstack.com/opinion/jenkins-v-neal-ark-1889.

Opinion

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