Brittin v. Mitchell

Decided January 15, 1842

Supreme Court of Arkansas · decided 1842-01-15

Debt, upon a bond executed by Brittin and others, to Samuel Gray, administrator, or Lucy Gray, administratrix, oí'Matthew Gray, deceased; determined in the Mempslead Circuit Court, in O.lobers A. D. 1841, before the I ton. Wiimaiu Conw/v? B., one of ¡.No Circuit Judges. The defendant, Brittin, demurred to the declaration,; and his demurrer being overruled, judgment went against hint,, smd hr. sued his writ of error.

Cited by 1 later decisions — most recently May 1911

1 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1842-01-15

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¶1By the Court,

Dickinson, J.

¶2That the Court properly overruled the demurrer, and gave judgment for the plaintiff below, we have no doubt.

¶3There is, certainly, no variance; and we do not think the objection of the bond being payable to Samuel or Lucy Gray, tenable. The party, unquestionably, owed the money to the estate of Matthew Gray, deceased; and he executed the bond to the administrator and the ad-ministratrix; and because the writing describes it as payable to either one or the other, that cannot vitiate it. The word “or,” used in the instrument, must be taken to mean “ and.”

¶4Under our statute, “ all bonds, bills, notes, agreements, and contracts, in writing, for the payment of money or property,” are assignable. This is, certainly, one of that description, and therefore assignable.

¶5Judgment affirmed.