Supreme Court of Arkansas, 1889

Jenkins v. Neal

Supreme Court of Arkansas · Decided November 15, 1889

52 Ark. 418

Cases that cite this one

1 later published case cites this decision.

Hill v. Bush (Ark. 1936)

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.

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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