Supreme Court of Arkansas, 1889

Killough v. Payne

Supreme Court of Arkansas · Decided May 15, 1889

52 Ark. 174

Cases that cite this one

3 later published cases cite this decision.

Holmes v. Thompson (Ark. 1966)
Consolidated National Bank v. Anglo & London Paris National Bank (Ariz. 1928)
Smith v. Spradlin (Ark. 1918)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

Per Curiam.

Consideration: Statute of Frauds. There is no evidence tending to prove that Killough & Erwin received any money for the use- of Payne. There was only a promise by them to accept the draft of Reeves in favor of Payne.

The consideration of this promise was the payment, by-Edgar, Gage & Co., of an undisputed debt due from them to’ Killough & Erwin, which was evidenced by a draft accepted' by Edgar, Gage & Co. in favor of Killough & Erwin; but the payment of a sum which one is already legally bound to pay is not a valid consideration for a contract.

There being no new consideration for the promise by Killough & Erwin to pay Payne’s debt, it is a collateral undertaking within the statute of frauds and is void. Chapline v. Atkinson, 45 Ark., 67.

Reverse and remand.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.