First National Bank v. Reinman
Supreme Court of Arkansas
Appeal from Pulaski Chancery Court; John E. Martineau, Chancellor; It was error to transfer the cause to equity, over the obiection of plaintiff. He was entitled to a trial by jury. Kirby’s Digest, § 6170; 73 Ark. 462; 52 Ark. 411; 72 Ark. 115. Parol evidence was admissible to show that Reinman indorsed the note to pass the legal title, and that Walker was really the owner of the note and the real payee. 93 Pac. 366; 17 L. R. A. (N. S.) 1105; 1 Daniel on Neg.
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Appeal from Pulaski Chancery Court; John E. Martineau, Chancellor; It was error to transfer the cause to equity, over the obiection of plaintiff. He was entitled to a trial by jury. Kirby’s Digest, § 6170; 73 Ark. 462; 52 Ark. 411; 72 Ark. 115. Parol evidence was admissible to show that Reinman indorsed the note to pass the legal title, and that Walker was really the owner of the note and the real payee. 93 Pac. 366; 17 L. R. A. (N. S.) 1105; 1 Daniel on Neg. Instr., § 644a, 741; Randolph on Com. Paper, § 788.
1Opinion of the CourtFrauenthal, J.
This was a suit instituted originally in the Pulaski Circuit Court by the First National Bank of Lake Providence, La., the plaintiff below, against Louis Reinman, to recover against him as the indorser of a certain note. The note sued on was executed by B. F. Brown at Lake Providence, La-> on March 15, 1905, for $600, and was payable to the order of Louis Reinman on or before November 15, 1905; and it is stated in the note that it was given for four mules, which should remain the property of the payee until paid for. Upon the note were the following indorsements: “C. S. Wyley (indorser),…
2Cases cited5 opinions
- Martin v. ColeSupreme Court of the United States · 1881
- Collins v. Paepcke-Leicht Lumber Co.Supreme Court of Arkansas · 1905
- Johnston v. SchnabaumSupreme Court of Arkansas · 1908
- Blake v. ScottSupreme Court of Arkansas · 1909
- Lovejoy v. Citizens' BankSupreme Court of Kansas · 1880
3Cited by8 opinions
- Ellis v. First National BankSupreme Court of Arkansas · 1924
- Bassett v. Mutual Benefit Health & Accident Ass'nSupreme Court of Arkansas · 1929
- Reed v. RogersSupreme Court of Arkansas · 1918
- Suhs v. Homewood Rice Land SyndicateSupreme Court of Arkansas · 1917
- Clikas v. SteeleSupreme Court of Alabama · 1971
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