Citizens Bank & Trust Co. v. Hinkle
Supreme Court of Arkansas
Appeal from Independence Circuit Court; T. D. Crawford, Special Judge; 1. The bank books were balanced from time to time and delivered to appellees with all cheeks and vouchers, and it was the duty of appellees to examine them, thus discovering any shortage, and notify the bank, so it could protect itself; but the failure to so examine and notify the bank relieved it from liability, as upon an account stated. 2. Paxton was appellee’s agent and was authorized to sign cheeks…
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Appeal from Independence Circuit Court; T. D. Crawford, Special Judge; 1. The bank books were balanced from time to time and delivered to appellees with all cheeks and vouchers, and it was the duty of appellees to examine them, thus discovering any shortage, and notify the bank, so it could protect itself; but the failure to so examine and notify the bank relieved it from liability, as upon an account stated. 2. Paxton was appellee’s agent and was authorized to sign cheeks and acted within the scope of his authority and under the circumstances the bank was not liable. These are the bank’s…
1Opinion of the CourtSmith, J.
This appeal is prosecuted from a judgment of the court rendered in a cause wherein two cases were consolidated and tried together. Both suits were against the appellant, Citizens Bank & Trust Company, hereinafter referred to as the bank. Mrs. Ida L. Erwin was the plaintiff in one of' these suits and the administrator of her husband’s estate was the plaintiff in the other. It was alleged by Mrs. Erwin that on January 10, 1913, she deposited with the bank to her credit the sum of $30,779.18, and thereafter, up to and including November 11, 1914, made sundry deposits aggregating $45,821.93, so…
2Cases cited2 opinions
- Leather Manufacturers' Bank v. MorganSupreme Court of the United States · 1886
- Phœnix Bank v. RisleySupreme Court of the United States · 1884
3Cited by11 opinions
- England Nat. Bank v. United StatesCourt of Appeals for the Eighth Circuit · 1922
- Benge v. Michigan National BankMichigan Supreme Court · 1954
- Huggins v. Commercial & Savings BankSupreme Court of South Carolina · 1927
- Bank of Hatfield v. ChathamSupreme Court of Arkansas · 1923
- Bank of Hatfield v. ClaytonSupreme Court of Arkansas · 1923
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