Arkansas National Bank v. Martin
Supreme Court of Arkansas
Appeal from Garland Circuit Court; Galvin T. Gotham, Judge; 1. Appellee is not entitled to recover in an action for money bad and received upon tbe issue joined in the pleadings. If guilty, tbe bank is guilty of a tort only, and tbe action should bave been for damages. 69 Ark. 209; 27 Cyc. 881; 22 Ala. 125; 113 Cal. 97; 27 Cyc. 849; 4 Id. 353; 22 Yt. 624; 50 Id. 297; 20 Kan. 235; 82 Am. St. 207; 2 Greenl. Ev. (16 ed.), § 108, notes; Am. Ann.
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Appeal from Garland Circuit Court; Galvin T. Gotham, Judge; 1. Appellee is not entitled to recover in an action for money bad and received upon tbe issue joined in the pleadings. If guilty, tbe bank is guilty of a tort only, and tbe action should bave been for damages. 69 Ark. 209; 27 Cyc. 881; 22 Ala. 125; 113 Cal. 97; 27 Cyc. 849; 4 Id. 353; 22 Yt. 624; 50 Id. 297; 20 Kan. 235; 82 Am. St. 207; 2 Greenl. Ev. (16 ed.), § 108, notes; Am. Ann. Cas. 1913a, 932; 17 Ark. 599; 31 Id. 158. 2. Possession of commercial paper is evidence of ownership, and tbe burden is on tbe one who assails tbe…
1Opinion of the Court
McCulloch, C.'J.
The plaintiff, Ferdinand Piper, instituted this action in the circuit court of Garland County against defendant, the Arkansas National Bank, of Hot Springs, to recover the amount of a check drawn by him on a bank at Fargo, North Dakota, which was deposited for collection with defendant and collected. The check'was drawn to plaintiff’s own order and endorsed in blank, and he claims that he was induced to part with the check through a swindling device of two men whom he met in Hot Springs. The check was for the sum of $10,200, and Avas forwarded for collection through defendant…
2Cases cited5 opinions
- Brand v. WilliamsSupreme Court of Minnesota · 1882
- Thomas Manufacturing Co. v. PratherSupreme Court of Arkansas · 1898
- Tabor v. Merchants National BankSupreme Court of Arkansas · 1886
- Peay v. RingoSupreme Court of Arkansas · 1860
- Snapp v. StanwoodSupreme Court of Arkansas · 1898
3Cited by9 opinions
- First National Bank of DeWitt v. CruthisSupreme Court of Arkansas · 2005
- Wilson v. BilesSupreme Court of Arkansas · 1926
- First Nat. Bank of Coleman v. First Nat. Bank of BrownwoodTexas Commission of Appeals · 1925
- Fite v. FiteSupreme Court of Arkansas · 1961
- Oklahoma State Bank v. Bank of Central ArkansasSupreme Court of Arkansas · 1915
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