Legal Opinion

St. L., I. M. & S. Ry. v. Camden Bank

Supreme Court of Arkansas

Decided May 15, 1886PublishedCited by 19 opinions

APPEAL from Ouachita Circuit Court. Hon. B. F. Askew, Circuit Judge. 1. The first query is, were these time checks negotiable paper, and if not, what were they ? 2. If negotiable paper, was it not necessary to have the assignment or indorsement thereon, and if not indorsed, then were not the payees necessary parties to the suit, for the protection of defendant? 3. And in any event, were they not necessary parties for defendant’s safety and protection? ■ It is respectfully…

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APPEAL from Ouachita Circuit Court. Hon. B. F. Askew, Circuit Judge. 1. The first query is, were these time checks negotiable paper, and if not, what were they ? 2. If negotiable paper, was it not necessary to have the assignment or indorsement thereon, and if not indorsed, then were not the payees necessary parties to the suit, for the protection of defendant? 3. And in any event, were they not necessary parties for defendant’s safety and protection? ■ It is respectfully submitted, that the identification or time check, are not negotiable papers in the eye of the law merchant, nor under the…

1Opinion of the CourtCockriix, C. J.

This action was instituted before a justice of the peace to recover upon eighteen road-master’s checks, as they are called in the record, and a number of memoranda of accounts delivered by the company’s section foremen to laborers employed upon their road, certifying to the road-master the amount due the several laborers for services. All are filled in on printed forms furnished by the company for the purpose. Those of the same form differ from each other only in the date and amount of the account and the person to be paid. The following is a sample of the first form0 viz.:

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2Cases cited1 opinion

  1. Chace v. TraffordMassachusetts Supreme Judicial Court · 1875

3Cited by19 opinions

  1. Lanigan v. NorthSupreme Court of Arkansas · 1901
  2. Motors Ins. Corp. v. CokerSupreme Court of Arkansas · 1951
  3. Boqua v. MarshallSupreme Court of Arkansas · 1908
  4. Chicago, Rock Island & Pacific Railway Co. v. CobbsSupreme Court of Arkansas · 1921
  5. Goode v. Ætna Casualty & Surety Co.Supreme Court of Arkansas · 1928

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