Legal Opinion

Cockrill v. Joyce

Supreme Court of Arkansas

Decided March 28, 1896PublishedCited by 10 opinions

Appeal from Pulaski Chancery Court. David W. Carrobb, Chancellor. STATEMENT BY THE COURT. This is a contest concerning the ownership of sixteen promissory notes which were executed to the McCarthy & Joyce Company by certain of its customers. The company was a corporation organized under the laws of this state, and engaged in business in the city of Little Rock.

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Appeal from Pulaski Chancery Court. David W. Carrobb, Chancellor. STATEMENT BY THE COURT. This is a contest concerning the ownership of sixteen promissory notes which were executed to the McCarthy & Joyce Company by certain of its customers. The company was a corporation organized under the laws of this state, and engaged in business in the city of Little Rock. The notes in question were placed by it in the First National Bank of Little Rock, either for collection, or as collateral security for indebtedness due by the company to said bank. Afterwards the company made an assignment to C. H.…

1Opinion of the Court

Riddick, J.,

(after stating the facts.) The question in this case is whether the receiver of the bank has the right to hold the notes in controversy for the payment of the balance due it from the McCarthy & Joyce Company. There is conflict in the testimony as to whether the notes were delivered to the bank for collection, or to be held as collateral security.

The cashier of the bank testified that the notes were delivered as collateral to secure indebtedness of the McCarthy & Joyce Company to the bank. On the other hand, the bookkeeper and secretary of the company, who delivered the notes to…

2Cases cited3 opinions

  1. Reynes v. DumontSupreme Court of the United States · 1889
  2. President of the Bank of the Metropolis v. President of the New England BankSupreme Court of the United States · 1843
  3. Kelly v. PhelanU.S. Circuit Court for the District of Eastern Missouri · 1879

3Cited by10 opinions

  1. Joyce v. AutenSupreme Court of the United States · 1900
  2. Garrison v. Union Trust Co.Michigan Supreme Court · 1905
  3. McStay Supply Co. v. StoddardNevada Supreme Court · 1912
  4. Peterson v. Bergman Cabinet Manufacturing Co.Washington Supreme Court · 1927
  5. Harrison State Bank v. First National BankNebraska Supreme Court · 1928

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