Ringo v. Biscoe
Supreme Court of Arkansas
Appeal from the Chancery side of Pulaski Circuit Court. contended that, under the 38th section of the charter, the complainant is entitled to damages on the amount of the bills of the Bank held by him, from the time of suspension, without demand; that a demand was unnecessary, as the Bank had adopted a resolution to suspend, and given to the world authenticated public notice of the fact, and the law never requires a party to do a vain or useless thing. Story's Prom.
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Appeal from the Chancery side of Pulaski Circuit Court. contended that, under the 38th section of the charter, the complainant is entitled to damages on the amount of the bills of the Bank held by him, from the time of suspension, without demand; that a demand was unnecessary, as the Bank had adopted a resolution to suspend, and given to the world authenticated public notice of the fact, and the law never requires a party to do a vain or useless thing. Story's Prom. Notes 370. The right of a party to demand, being a condition for his benefit, may be waived by him wholly or in part. {Jones vs.…
1Opinion of the CourtChief Justice Watkins
From the decree of the Pulaski circuit court rendered in this cause, both parties appealed. As we have much difficulty in arriving at a satisfactory conclusion upon all the questions argued by counsel, a statement of the case with reference to them, will best explain the grounds of our decision.
In 1836, the General Assembly, by virtue of the constitutional provision authorizing the incorporation of a banking institution calculated to aid and promote the great agricultural interests of the country, and the faith and credit of the State to be pledged to raise the funds necessary to carry it…
2Cases cited10 opinions
- Wallace v. McConnellSupreme Court of the United States · 1839
- Caldwell v. CassidyNew York Supreme Court · 1828
- Montgomery v. ElliottSupreme Court of Alabama · 1844
- Pullen v. ChaseSupreme Court of Arkansas · 1842
- McKenney v. WhippleSupreme Judicial Court of Maine · 1842
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