Hamburg Bank v. George
Supreme Court of Arkansas
Appeal from Ashley Circuit Court; Henry W. Wells, Judge; If appellees wished to recover the value of the scrip, the action should have been in tort, for the value thereof, and not for the value of the money received for it. 25 Ark. 100; 31 Ark. 159; 76 Ark. 600. What the scrip sold for does not necessarily show the market value. 38 Ark. 179. And evidence of that is not sufficient to support a verdict. 31 Ark. 158. A party cannot give evidence of his own declarations made in…
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Appeal from Ashley Circuit Court; Henry W. Wells, Judge; If appellees wished to recover the value of the scrip, the action should have been in tort, for the value thereof, and not for the value of the money received for it. 25 Ark. 100; 31 Ark. 159; 76 Ark. 600. What the scrip sold for does not necessarily show the market value. 38 Ark. 179. And evidence of that is not sufficient to support a verdict. 31 Ark. 158. A party cannot give evidence of his own declarations made in the absence of the other party. 147 Mass. 541; 5 Barb. 147; 63 Me. 22; no Mass. 144; 125 Mass. 451; 7 How. Pr. 113; 16…
1Opinion of the CourtMcCulloch, C. J.
The plaintiffs (appellees), George & Butler, instituted this action at law against the Hamburg Bank, a banking corporation, and W. H. Tebbs, its cashier, to recover the value of a lot of county scrip of Ashley County, alleged to be the property of plaintiffs, and which the defendants are alleged to have converted and sold. Plaintiffs alleged in their complaint that they borrowed from defendant bank, through its cashier, the sum of $12,597.34 with which to purchase a lot of county scrip; that they purchased said scrip and delivered same on March 19, 1906, to the bank as security for the…
2Cases cited9 opinions
- Fordyce v. NixSupreme Court of Arkansas · 1893
- Aiken v. KennisonSupreme Court of Vermont · 1886
- Sunny South Lumber Co. v. Neimeyer Lumber Co.Supreme Court of Arkansas · 1896
- Commonwealth v. SargentMassachusetts Supreme Judicial Court · 1880
- American Soda Fountain Co. v. FutrallSupreme Court of Arkansas · 1905
4 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- Early-Foster Co. v. Mid-Tex Oil MillsCourt of Appeals of Texas · 1918
- Carter v. YoungerSupreme Court of Arkansas · 1916
- Donaghey v. WilliamsSupreme Court of Arkansas · 1916
- Fechheimer-Kiefer Co. v. KempnerSupreme Court of Arkansas · 1915
- Talla v. AndersonSupreme Court of Oklahoma · 1915
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