Bank of Midland v. Harris
Supreme Court of Arkansas
Appeal from Sebastian Circuit Court, Fort Smith District; Daniel Don, Judge; reversed in part, 1. The- alleged articles of incorporation in the clerk’s office were inadmissible.
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Appeal from Sebastian Circuit Court, Fort Smith District; Daniel Don, Judge; reversed in part, 1. The- alleged articles of incorporation in the clerk’s office were inadmissible. Acts 1905, p. 319; Kirby’s Dig., § 845. The stockholders did not become a corporation until after the articles were filed as prescribed by law. 35 Ark. 144; Ib. 365. The proper way to prove the corporate existence is by the certificate of the Secretary of State. 35 Ark. 144; Ib. 365; 132 Fed. 41; 62 Pac. 386; 70 N. W. 302; 55 Mo. 310; 55 Barb. 45; 46 Ind. 142, etc. 2. The court erred in admitting the minutes of the…
1Opinion of the CourtMcCulloch, C. J.
The plaintiff, as treasurer of Sebastian County, instituted this action against the Bank of Midland, a domestic corporation engaged in the banking business, and its stockholders, to recover the sum of $1,367.51, alleged to have been deposited by plaintiff as treasurer in said bank and which the bank failed or refused to pay over oil demand.
The case was tried before a jury, -and a verdict was returned against all of the defendants save one, and they appealed to this court. The plaintiff appealed from the judgment in favor of defendant, Johnson.
Plaintiff was elected as treasurer of Sebastian…
2Cases cited2 opinions
- Warren v. NixSupreme Court of Arkansas · 1911
- Wilson v. WhiteSupreme Court of Arkansas · 1907
3Cited by25 opinions
- State v. WareSupreme Court of Oklahoma · 1921
- J. D. O'Malley & Co. v. LewisWashington Supreme Court · 1934
- Whitaker v. Mitchell Manufacturing Co.Supreme Court of Arkansas · 1952
- Wesco Supply Co. v. SmithSupreme Court of Arkansas · 1918
- Hill v. KavanaughSupreme Court of Arkansas · 1915
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