Waller v. State of Arkansas. 5. JUDI. CIAL NoTICE: That la whisky, wines, and beer were kept for sale there. Witness did not know whether it was defendant's saloon or not; it was called his saloon, and there was a sign out, “S. R. Waller's Saloon." The State was permitted to read, from the county court record, against the objections of defendant, an order granting to S. R. Waller, a license to keep a dram shop, at Morrilton, in Conway county. The order was competent, as tending to prove that defendant was the owner of the saloon at which witness, Wells, purchased the lager beer, and, therefore, interested in the sale. V. The court charged the jury, in effect, that if they found, from the evidence, that defendant was interested in the sale of the lager beer to the minor, Wells, as owner, or part owner, thereof, etc., he was liable; and refused to charge them that it was unnecessary to prove that the sale was made by him, personally; or that he had knowledge, before the sale, that it was to be made; or consented to, or, in some manner, participated or took part in such sale. It was sufficiently proved that the sale was made to the minor, at defendant's saloon, and in his dram-shop business; and that was sufficient to make him liable. Robinson et al. v. State, ante. VI. It was not proved that the lager beer sold to the minor was malt and fermented liquor; but the court prop ger beer is erly treated this as matter of common knowledge. ferment'd. Affirmed. Edwards et al. v. Probst & Hilb. EDWARDS ET AL. V. PROBST & HILB. 1. SUNDAY CONTRACT: Action maintained on original debt. A promissory note executed on Sunday is void, and an action may be maintained on the debt for which it was given, disregarding the note. APPEAL from Logan Circuit Court. Hon. J. H. ROGERS, Circuit Judge. STATEMENT. Appellees sued the appellants on an itemized account for $165. Appellants pleaded that the account had been settled and fully paid by note. Appellees replied and proved that the note was executed on Sunday. Verdict and judgment for appellees, and appeal by appellants. Dan B. Granger, for appellants. 1. A note given in satisfaction, is an extinguishment of the debt. 11 J. R., 518. It is a bar to an account, though the note is unpaid. 8 Ark., 213. The legal presumption is, that it was intended, and in fact was an extinguishment of the original demand. 5 Ark., 558. 2. The note valid on its face, bearing date of a week day. Appellees treated it as a valid satisfaction of their account, and ratified the Sunday transaction. They never offered to return the note, nor made demand for their receipt against the account. By their acts they ratified and gave validity to the note. Tucker v. West, 29 Ark., 404; 1 Dan. Neg. Inst., 69, last clause. N. & J. Erb, for appellees. "Though the note made and delivered on Sunday be void, the payee may recover upon the original consideration. "Daniel on Neg. Inst., par. 69; Finney v. Calendar, 8 Minn., 41. HARRISON, J. The note having been executed on Sunday, was void, and no satisfaction of the account. The judgment is affirmed. INDEX TO SYLLABUS. ACKNOWLEDGMENT OF DEEDS. See SALE 6. 1. Certificate of, When evidence. An officer's certificate of the grantor's acknowledgment of the execu- 2. False certificate of; Burden of proof. 278 The burden of proof that a certificate of acknowledgment of a deed 3. Certificate of; When and of what evidence. 377 When there is no appearance before an officer to acknowledge the exe- ACTION. See ADMINISTRATION, 9. CONTRACTS, 1. FORCIBLE ENTRY AND 1. Joinder of, on separate instruments. Where one obligates himself in writing to perform certain acts, and ments being different, an action will not lie on both instruments 2. SUNDAY CONTRACT: Action maintained on original debt. 594 A promissory note executed on Sunday is void, and an action may be 661 ADMINISTRATION. 1. Sale of land without apppraisement. The failure of an administrator to have land appraised before selling Bell 78 2. ADMINISTRATORS: Employment of Attorneys; Construction of Statute. The scope and design of the Statute (Gantt's Dig., 195-197), is to |