Smithwick v. Bank of Corning
Supreme Court of Arkansas
Appeal from Clay Chancery Court, Western District; pdwcM'd D. Roberteson, Chancellor; The court erred in making the administrator a party defendant. 22 Ark. 191. The action of the bank in paying the money to the administrator was a conversion of the money. 34 Ark. 421. The court should not have transferred the cause to chancery. 56 Ark. 391; 65 Ark. 503; 1T3 U. S. 550. A delivery is not necessary to constitute a trust. 75 N. Y. 134; 31 Am.
Read the full summary
Appeal from Clay Chancery Court, Western District; pdwcM'd D. Roberteson, Chancellor; The court erred in making the administrator a party defendant. 22 Ark. 191. The action of the bank in paying the money to the administrator was a conversion of the money. 34 Ark. 421. The court should not have transferred the cause to chancery. 56 Ark. 391; 65 Ark. 503; 1T3 U. S. 550. A delivery is not necessary to constitute a trust. 75 N. Y. 134; 31 Am. R. 446; 80 N. Y. 422; 179 N. Y. 112; 105 N. Y. s. 332. The administrator was properly made a party defendant. Kirby’s Dig., § § 6006, 6011, 6145. The…
1Opinion of the CourtBattle, J.
On the 27th day of January, 1901, J. J. Smith-wick departed this life, intestate, leaving C. A. Smithwick, his widow, and W. R. Smithwick his only heir. At the time of his .death he was the owner of considerable real estate, and two thousand dollars in cash and notes, and about forty head of cattle. After his death the widow and heir by a written contract divided the estate of the deceased between themselves. In the division some money was set apart to the widow. She deposited it in a bank to her credit. She often referred to it as W. R. Smithwick’s money, but never relinquished control over…
2Cited by5 opinions
- Lewis v. Jackson & Squire, Inc.District Court, W.D. Arkansas · 1949
- Ferry v. BryantCourt of Appeals of Tennessee · 1935
- Derrick v. LumpkinsCourt of Appeals of Tennessee · 1936
- Laws v. MeltonSupreme Court of Arkansas · 1953
- Powell v. PowellSupreme Court of Arkansas · 1954