Ellett v. Chilton

Decided July 15, 1843

Supreme Court of Arkansas · decided 1843-07-15

This was an action of assumpsit, determined in the Hempstead Circuit Court, at the May term, 1843, before the Hon. John Field, one of the circuit judges. Chilton sued Ellett and Burton. The declaration contained but one count, on a note for $425, in current bank notes, the value whereof was not averred in the declaration. The defendants demurred to the declaration, for want of profert of the writing sued on, and the demurrer was sustained.

Decided 1843-07-15

¶1By the Court,

Lacy, J.

¶2It is necessary to notice but a single point assigned as error; for all the others are wholly immaterial or untenable. The writing sued on was payable in current bank notes, and due one year thereafter. This obligation is for unliquidated damages, and so we have expressly adjudged the'point on several occasions. Here judgment was given by the Court for the full amount of the instrument, without examination of witnesses, showing the value of the bank notes, and without awarding a writ of inquiry to ascertain the unliquidated damages. In this there is manifest error, as has, been decided in Day et al. vs. Lafferty, 4 Ark. Rep., and in Wallace vs. Collins, ante, and several other cases. Judgment reversed.