Spear v. Arkansas National Bank
Supreme Court of Arkansas
Appeal from G-arland Circuit Court; G. T. Gotham, Judge; STATEMENT BY THE COURT. This was an •action in replevin brought by appellant against appellee for $10,200 in money, currency of the United States, which had been collected by appellee for appellant. A demurrer to the complaint was sustained, whereupon appellant amended his complaint and a demurrer was filed to the complaint as amended and this demurrer was also sustained.
Read the full summary
Appeal from G-arland Circuit Court; G. T. Gotham, Judge; STATEMENT BY THE COURT. This was an •action in replevin brought by appellant against appellee for $10,200 in money, currency of the United States, which had been collected by appellee for appellant. A demurrer to the complaint was sustained, whereupon appellant amended his complaint and a demurrer was filed to the complaint as amended and this demurrer was also sustained. The complaint was a gain amended and contained substantially the following allegations: “That plaintiff was the owner of and entitled to the possession of the…
1Opinion of the Court
Smith, J.,
(after stating the facts). From the allegations of the complaint it appears that appellant deposited with the appellee' a draft drawn by one, Piper, on his account or against his credit at Fargo, North Dakota, for the sum of ten thousand, two hundred dollars, and that the bank made the collection for appellant; but it does not appear from any allegation of the complaint that the collection was made by the actual receipt and transmission of any sum of money and no presumption can be indulged to supply that omission in view of the well known custom of banks to the contrary. The…
2Cases cited1 opinion
- Hawes v. RobinsonSupreme Court of Arkansas · 1884
3Cited by16 opinions
- Williams Management Enterprises v. BuonauroDistrict Court of Appeal of Florida · 1986
- Walther v. Central Trust Co., N.A.Ohio Court of Appeals · 1990
- 1967 Senior Class of Pekin High School v. TharpSupreme Court of Iowa · 1967
- Bowser Furniture Co. v. JohnsonSupreme Court of Arkansas · 1915
- City of Portland v. BerryCourt of Appeals of Oregon · 1987
11 more not listed; retrieve them via the Exa API.