Oswego Milling Co. v. Skillern
Supreme Court of Arkansas
Appeal from Howard Chancery Court. James D. Shaver, Chancellor. STATEMENT BY THE COURT. On the 4th day of February, 1903, one Joe Winter of Nashville, Ark., wds indebted to the Oswego Milling Company of Oswego, Kan., in the sum of $516.13, and on that day Winter remitted the amount of his debt to the milling company by a check on the Planters’ Bank of Nashville, Ark.
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Appeal from Howard Chancery Court. James D. Shaver, Chancellor. STATEMENT BY THE COURT. On the 4th day of February, 1903, one Joe Winter of Nashville, Ark., wds indebted to the Oswego Milling Company of Oswego, Kan., in the sum of $516.13, and on that day Winter remitted the amount of his debt to the milling company by a check on the Planters’ Bank of Nashville, Ark. When the check was received, the milling company deposited it for collection with the National Bank of Commerce of Kansas City, Mo., which bank in due course of business forwarded it for collection to the Howard County Bank, of…
1Opinion of the CourtRiddick, J.
(after stating the facts.) This is an.action to establish an equitable lien on the assets of a bank ip the hands-of a receiver for the purpose of securing to plaintiff a preference in the payment of his claim over the other creditors of the bank. But we are of the opinion that the facts stated in the complaint are not sufficient to warrant the court in giving the claim of plaintiff a priority over the general creditors of the bank. For, if we conceded that the Howard County Bank held the check of plaintiff sent to it by the forwarding bank for collection only, and as agent for that bank and…
2Cases cited1 opinion
- National Bank v. Insurance Co.Supreme Court of the United States · 1881
3Cited by5 opinions
- Tyler County State Bank v. ShiversTexas Commission of Appeals · 1928
- Chambers, Admr. v. Williams, Admr.Supreme Court of Arkansas · 1939
- Powell v. Missouri & Arkansas Land & Mining Co.Supreme Court of Arkansas · 1911
- Hill v. MilesSupreme Court of Arkansas · 1907
- Thomas v. WassonSupreme Court of Arkansas · 1935