Undem v. First National Bank

The appellant’s entire case hinges upon his allegations that Virginia Morris was the actual agent of First National Bank, or that apparent agency existed because Ms. Morris had possession of the promissory note bearing the bank’s letterhead. I dissent because I am convinced that the appellant failed to present proof of Ms. Morris’ agency, an essential element of his claim, and that the appellee was thus entitled to judgment as a matter of law. See Short v. Little Rock Dodge, Inc., 297 Ark. 104, 759 S.W.2d 553 (1988).

The majority cites no facts to support the allegation of actual agency. With…