Little v. Arkansas National Bank
Supreme Court of Arkansas
Appeal from Benton Circuit Court; J. S. Mofles, Judge; 1. This ease was here on former appeal. 152 S. W. 281. The bank was not an innocent purchaser for value. 103 S. W. 232; 1 Pac. 579; 108 S. W. 1068; 64 Am. St. 327. The burden was on the bank to show it was a purchaser for value without notice. The notes were mere wagering contracts. 8 Cyc. 236; 3 S. W. 805; 1 Daniel, Neg. Inst.
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Appeal from Benton Circuit Court; J. S. Mofles, Judge; 1. This ease was here on former appeal. 152 S. W. 281. The bank was not an innocent purchaser for value. 103 S. W. 232; 1 Pac. 579; 108 S. W. 1068; 64 Am. St. 327. The burden was on the bank to show it was a purchaser for value without notice. The notes were mere wagering contracts. 8 Cyc. 236; 3 S. W. 805; 1 Daniel, Neg. Inst. (2 ed.), § 198; 126 S. W. 114; 111 Id. 888. 2. The evidence fails to show that plaintiff was a bona fide purchaser without notice. 130 S. W. 162; 95 Id. 145; 12 Atl. 223; 25 N. E. 281; 36 Id. 551. 3. The notes are…
1Opinion of the CourtSmith, J.
Upon the former appeal of this case, the appellant here being the appellant then, the following statement of facts was made, in the opinion then delivered :
“Appellants executed to one J. O. Gunter two negotiable promissory notes, each for the sum of $837.10, due and payable three and six months, respectively, after date, and Gunter assigned the notes to appellee, a banking corporation doing business in the city of Fayetteville, Arkansas. Appellee instituted this action to recover of appellants the amount of the two notes with interest. Appellants, for defense to the action, pleaded want of…
2Cases cited3 opinions
- Rankin v. SchofieldSupreme Court of Arkansas · 1905
- Clark v. HershySupreme Court of Arkansas · 1889
- Winship & Bros. v. Merchants National BankSupreme Court of Arkansas · 1883
3Cited by8 opinions
- Bland v. Fidelity Trust Co.Supreme Court of Florida · 1916
- Hamburg Bank v. AhrensSupreme Court of Arkansas · 1915
- Security Mutual Life Insurance v. LittleSupreme Court of Arkansas · 1915
- Hamilton National Bank v. EmighSupreme Court of Arkansas · 1917
- Kansas City Southern Railway Co. v. First National Bank of Ft. SmithSupreme Court of Arkansas · 1927
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