O. J. Lewis Mercantile Co. v. Harris
Supreme Court of Arkansas
Appeal from Pulaski Circuit Court, Second Division; F. Guy Fulk, Judge; Where a creditor draws upon his debtor an instrument payable to order, and the instrument so drawn falls, without indorsement of the payee, into the hands of one not authorized to receive the same, who indorses it and collects from the debtor, delivering to him the instrument, such payment is at the peril of the debtor, and his obligation is not discharged. Daniel on Neg.
Read the full summary
Appeal from Pulaski Circuit Court, Second Division; F. Guy Fulk, Judge; Where a creditor draws upon his debtor an instrument payable to order, and the instrument so drawn falls, without indorsement of the payee, into the hands of one not authorized to receive the same, who indorses it and collects from the debtor, delivering to him the instrument, such payment is at the peril of the debtor, and his obligation is not discharged. Daniel on Neg. Instruments, (3d ed.), par. 574; Id. par. 1230; 50 N. Y. 410; 19 111.' 572; 80 Ky. 289; 91 N. Y. 106; 70 N. W. (Ia.) 769; 17 N. Y. 205; Story on Bills…
1Opinion of the CourtMcCulloch, C. J.
Defendant, N. Harris, is engaged in the second-hand clothing business in the city of Little Rock, and in August, 1910, he purchased a bill of goods from plaintiff, O. J. Lewis Mercantile Company, a corporation engaged in the wholesale business at St. Louis. The bill amounted to $403.04, and defendant paid $50 in cash, reducing it to $353.04, and it was agreed that the plaintiff should ship the goods to Little Rock and forward its draft on defendant, with bill of lading attached, through the German National Bank of Little Rock for the amount of the bill. This was done on August 31, 1910, the…
2Cases cited14 opinions
- Shipman v. Bank of New YorkNew York Court of Appeals · 1891
- First Nat. Bank of Washington v. WhitmanSupreme Court of the United States · 1877
- Janin v. London & San Francisco BankCalifornia Supreme Court · 1891
- Doubleday v. . KressNew York Court of Appeals · 1872
- Fidelity Mutual Life Insurance v. ClickSupreme Court of Arkansas · 1909
9 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Cureton v. Farmers' State BankSupreme Court of Arkansas · 1921
- German National Bank v. MooreSupreme Court of Arkansas · 1915
- Merchants' National Bank v. Home Building & Savings Ass'nSupreme Court of Arkansas · 1929
- Shultz Construction Co. v. Crawford County BankSupreme Court of Arkansas · 1930