White-Wilson-Drew Co. v. Egelhoff
Supreme Court of Arkansas
Appeal from Fulton Circuit Court; John W. Meeks, Judge; 1. When a party signs his name, either as maker, acceptor, indorser or drawer, to a negotiable instrument and intrusts it to another to fill up the contract, he confers upon that other, in favor of bona ñde holders for value, the right to complete the contract at pleasure, and to bind the party so signing same. 22 How. 97; Id. 108; 40 O. 529; 2 Baxt. (Tenn.) 92; 9 Heisk.
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Appeal from Fulton Circuit Court; John W. Meeks, Judge; 1. When a party signs his name, either as maker, acceptor, indorser or drawer, to a negotiable instrument and intrusts it to another to fill up the contract, he confers upon that other, in favor of bona ñde holders for value, the right to complete the contract at pleasure, and to bind the party so signing same. 22 How. 97; Id. 108; 40 O. 529; 2 Baxt. (Tenn.) 92; 9 Heisk. (Tenn.) 781; 7 Cyc. 529; Id. 619; 35 Ark. 146; 33 Ark. 712; 1 Mete. (Ky.) 58; 20 How. 361. 2. It is true that an agent cannot delegate to another the performance of…
1Opinion of the CourtFrauEnEhar, J.
The appellant instituted this suit upon a promissory note against the appellees as the makers thereof. The note is as follows:
“$758.42. Memphis, Tenn., November 30, 1907.
“On January 25, 1908, after date we promise to pay to the order of White-Wilson-Drew Company seven hundred fifty-eight and 42-100 dollars at First National Bank, Memphis, Tenn., with xo per cent, attorney’s fees and cost of collection after maturity. Value received.
“Clarence Egelhoff,
“J. E. Ford.”
The testimony on the part of the appellant tended to prove that said Egelhoff was indebted to it upon account, which was past due…
2Cases cited21 opinions
- Swift v. TysonSupreme Court of the United States · 1842
- Railroad Co. v. National BankSupreme Court of the United States · 1880
- Goodman v. SimondsSupreme Court of the United States · 1858
- Michigan Bank v. EldredSupreme Court of the United States · 1870
- Boozer v. AndersonSupreme Court of Arkansas · 1883
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3Cited by23 opinions
- National Bank of Eastern Arkansas v. BlankenshipDistrict Court, E.D. Arkansas · 1959
- American Physicians Insurance Co. v. HruskaSupreme Court of Arkansas · 1968
- American National Bank v. KerleyOregon Supreme Court · 1923
- Dessert Seed Co. v. Drew Farmers Supply, Inc.Supreme Court of Arkansas · 1970
- In Re Eugene Morris, Debtor. Worthen Bank & Trust Company, N. A. v. Eugene Morris and A. L. Tenney, TrusteeCourt of Appeals for the Eighth Circuit · 1979
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