Frazer v. State Bank
Supreme Court of Arkansas
Appeal from Washington Circuit Court; Joseph S. Maples, Judge; 1. When F. A. Sanders, after the note of November 25, 1907, was signed, changed it without the knowledge and consent of appellants by writing after his name the word “Sec.,” this was a material alteration to the injury of appellants, being in effect a forgery, and not binding upon them; and the court erred in ignoring this defense in its instructions. 4 Pac. 1022; 17 Am. Rep. 92; Joyce, Def. to Com.
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Appeal from Washington Circuit Court; Joseph S. Maples, Judge; 1. When F. A. Sanders, after the note of November 25, 1907, was signed, changed it without the knowledge and consent of appellants by writing after his name the word “Sec.,” this was a material alteration to the injury of appellants, being in effect a forgery, and not binding upon them; and the court erred in ignoring this defense in its instructions. 4 Pac. 1022; 17 Am. Rep. 92; Joyce, Def. to Com. Paper, § 138; 2 Cyc. 151-154. 2. The transaction accepting the $2,400 note, cancel-ling, marking paid and delivering up the old…
1Opinion of the CourtMcCulloch, C. J.
The plaintiff, State Bank of Decatur (a domestic corporation engaged in the banking business), instituted this action in the circuit court of Benton County against the Sanders Fruit & Manufacturing Company (another domestic corporation) and certain of its directors, to recover the amount of two promissory notes, each for $1,000, with interest, executed by said defendants to plaintiff, which said notes are alleged to have been surrendered to defendants by plaintiff through mistake. It appears from the record that separate actions were first instituted, but during the pendency of . the cases…
2Cases cited7 opinions
- Sherwood v. WalkerMichigan Supreme Court · 1887
- McKinnon v. VollmarWisconsin Supreme Court · 1889
- Hecht v. BatchellerMassachusetts Supreme Judicial Court · 1888
- State v. ChurchillSupreme Court of Arkansas · 1886
- McIlroy v. BucknerSupreme Court of Arkansas · 1880
2 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Centex Construction Co., Inc. v. Worth James, D/B/A Worth James Construction Co., and the Fidelity and Casualty Company of New YorkCourt of Appeals for the Eighth Circuit · 1967
- O'Neal v. HarperSupreme Court of Oklahoma · 1937
- Fleischer v. McGeheeSupreme Court of Arkansas · 1914
- Standard Accident Insurance Company v. WilmansDistrict Court, E.D. Arkansas · 1963
- Brown v. BradleyCourt of Appeals of Texas · 1924
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