Blanton v. First National Bank
Supreme Court of Arkansas
Appeal from St. Francis Chancery Court; A. L. Hutchins, Chancellor; To recover, plaintiffs must show (1) receipt of the money by the bank, with knowledge of its trust character; (2) appropriation or conversion by the bank of the fund to a purpose contrary to the trust, as in this case, by a credit to the individual account of Mrs. Evans and by allowing same to be checked out until exhausted;' (3) that no settlement has been received by the wards from the guardian or any…
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Appeal from St. Francis Chancery Court; A. L. Hutchins, Chancellor; To recover, plaintiffs must show (1) receipt of the money by the bank, with knowledge of its trust character; (2) appropriation or conversion by the bank of the fund to a purpose contrary to the trust, as in this case, by a credit to the individual account of Mrs. Evans and by allowing same to be checked out until exhausted;' (3) that no settlement has been received by the wards from the guardian or any other person for this fund. The law of this ease is settled in the former appeal. 136 Ark. 441. Mrs. Evans’ testimony is…
1Opinion of the CourtWood, J.
This is a consolidation of two separate causes of action begun by the appellants against the appellees.
The purpose of the action, as set forth in the complaint, was to recover from the appellee bank the sum of $1,070.67, which it was alleged had been delivered to the cashier of the bank to be placed to the credit of Mrs. Mary E. Evans, as guardian; that the cashier, knowing that the money belonged to appellants, wrongfully placed the same to the credit of Mrs. Mary E. Evans, individually, instead of to her credit as guardian, and allowed her to check it out for her personal use.
Appellee Rolfe…
2Cases cited2 opinions
- Blanton v. First National BankSupreme Court of Arkansas · 1918
- Bank of Hartford v. McDonaldSupreme Court of Arkansas · 1913
3Cited by6 opinions
- Alexander v. AlexanderSupreme Court of Arkansas · 1978
- Galloway v. SewellSupreme Court of Arkansas · 1924
- Estate of McMillan v. CommissionerUnited States Tax Court · 1981
- Norvell v. McFaddenSupreme Court of Arkansas · 1927
- Estate of McMillan v. CommissionerUnited States Tax Court · 1981
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