{
  "id": 1606900,
  "name": "Floyd Green v. Lewis Maddox",
  "name_abbreviation": "Green v. Maddox",
  "decision_date": "1968-11-04",
  "docket_number": "5-4715",
  "first_page": "558",
  "last_page": "560",
  "citations": [
    {
      "type": "official",
      "cite": "245 Ark. 558"
    },
    {
      "type": "parallel",
      "cite": "433 S.W.2d 144"
    }
  ],
  "court": {
    "name_abbreviation": "Ark.",
    "id": 8808,
    "name": "Arkansas Supreme Court"
  },
  "jurisdiction": {
    "id": 34,
    "name_long": "Arkansas",
    "name": "Ark."
  },
  "cites_to": [
    {
      "cite": "227 Ark. 407",
      "category": "reporters:state",
      "reporter": "Ark.",
      "case_ids": [
        1705402
      ],
      "weight": 2,
      "year": 1957,
      "opinion_index": 0,
      "case_paths": [
        "/ark/227/0407-01"
      ]
    }
  ],
  "analysis": {
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    "simhash": "1:1bcf03a62f2dd4fb",
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  "last_updated": "2023-07-14T16:29:50.317094+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "Floyd Green v. Lewis Maddox"
    ],
    "opinions": [
      {
        "text": "George Rose Smith, Justice.\nThis is an action brought by the appellee to collect a debt of $6,150 assertedly owed to him by the appellant. The attorney originally employed by the defendant Green filed a demurrer to the complaint, bnt when the demurrer was overruled that attorney failed to file an answer within the time allowed or to appear in court on the day the case was set for trial. Green\u2019s present counsel were engaged at the eleventh hour, but in the presentation of their client\u2019s case they were evidently and understandably handicapped by want of sufficient time to prepare for trial. The case was heard without a jury. This appeal is from a judgment for Maddox for the full amount sued for.\nThe indebtedness was evidenced by five uncashed checks, totaling $6,150, that were payable to Maddox and signed by Green. The single contention here is that the plaintiff failed to prove any consideration for the checks.\nWe cannot sustain that contention. Maddox was in a nursing home at the time of trial and, presumably for that reason, did not appear as a witness to explain the checks. However, Ben M. May had attempted to collect the instruments for Maddox and testified in his behalf. May said that he and Maddox had discussed the debt with Green on two occasions. May testified that on the first occasion Maddox said, \u201cNow, Floyd, you\u2019re going to pay me, aren\u2019t you?\u201d and Floyd answered, \u201cYes, I sure am, but right now I don\u2019t have the money. But when I sell some cattle I will.\u201d\nAccording to May, the second encounter again involved a promise by Green that he would pay the debt. When Green was asked to sign new checks, because the statute of limitations was about to run, he equivocated by saying, \u201cThis is really my wife\u2019s money. It\u2019s in her name and her business, and I\u2019ll have to check with her.\u201d\nMay\u2019s testimony, corroborated by the checks, was amply sufficient to make a prima facie case. In fact, Green did not deny having signed the cheeks. He merely stated that he did not remember anything about them, that he had not received any money for them, and that he did not know what they were for. Thus the single issue below was that of credibility. In the circumstances the trial judge\u2019s determination has the force of a jury verdict and is conclusive here. Hughes v. Harris, 227 Ark. 407, 299 S.W. 2d 85 (1957).\nAffirmed.",
        "type": "majority",
        "author": "George Rose Smith, Justice."
      }
    ],
    "attorneys": [
      "Shaver, Tackett & Jones by Nicholas E. Patton for appellant.",
      "Donald Corbin and John B. Eainer for appellee."
    ],
    "corrections": "",
    "head_matter": "Floyd Green v. Lewis Maddox\n5-4715\n433 S.W. 2d 144\nOpinion Delivered November 4, 1968\nShaver, Tackett & Jones by Nicholas E. Patton for appellant.\nDonald Corbin and John B. Eainer for appellee."
  },
  "file_name": "0558-01",
  "first_page_order": 582,
  "last_page_order": 584
}