Dardenne v. Bennett

Decided July 15, 1842

Supreme Court of Arkansas · decided 1842-07-15

This was an action of debt, determined in the Jefferson Circuit Court, in April, 1842, before the Hon. Isaac Baker, one of the Circuit Judges. Bennett, Morrill & Co. sued Dardenne on two bonds, each executed to a third person, and' assigned to the plaintiffs. One of the bonds contained the words “witness my hand and seal.” The other did not. The defendant craved oyer, and the original bonds, but not the assignments, were placed upon the record.

Relies on Cross v. Williams

Decided 1842-07-15

¶1By the Court,

Dickinson, J.

¶2The Court, in the case of Bertrand vs. Byrd, decided at the last term, held, that the clause “ in cujus rei” is not essential to a deed or bond, and that our present Revised Code does not change the law in that particular. The demurrer was, therefore, properly overruled.

¶3It is too late to question the assignments. The defendant below should have craved oyer of them, as well as of the original obligations, if he wished to bring the fact of the assignments to the notice of the Court. He simply craved oyer of the originals. This was granted. The assignments are wholly distinct matters, and so it has been ruled in this Court, in the case of McLain et al. vs. Onstott, 3 Ark. 483. See, also, 1 Saund. 9, and 2 Salk. 498.

¶4Judgment affirmed.