Sims v. American National Bank
Supreme Court of Arkansas
Appeal from Sebastian Circuit Court; I. S. Maples, Judge on exchange; STATEMENT BY THE COURT. Appellants brought this action against the American National Bank of Fort Smith, Ark., on a draft for $500, which Alice Sims had purchased from said appellee, said draft being drawn upon the Mechanics-American National' Bank of St. Louis, and payable to the order of Jesse Sims.
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Appeal from Sebastian Circuit Court; I. S. Maples, Judge on exchange; STATEMENT BY THE COURT. Appellants brought this action against the American National Bank of Fort Smith, Ark., on a draft for $500, which Alice Sims had purchased from said appellee, said draft being drawn upon the Mechanics-American National' Bank of St. Louis, and payable to the order of Jesse Sims. The complaint alleged “that on the 14th of September, 1909, the said plaintiff, Alice Sims, bought from the defendant, the American National Bank of Fort Smith, Ark., a draft on the Mechanics-American National Bank of St.…
1Opinion of the Court
Kirby, J.,
(after stating the facts). Can the payee of a check or draft whose indorsement was forged, after payment Dy the bank upon which it was drawn upon such forged indorsement, maintain an action against the drawee to recover the amount of it?
The question is before this court for the first time. There are many authorities holding that the payee of a check, unaccepted, may bring suit against the drawee, upon the theory that it has the amount of the draft in its hands subject to the order of the drawer which is in effect by the check assigned to the payee, but the great weight of authority…
2Cases cited15 opinions
- Bank of the Republic v. MillardSupreme Court of the United States · 1870
- First Nat. Bank of Washington v. WhitmanSupreme Court of the United States · 1877
- &198tna National Bank v. . Fourth National BankNew York Court of Appeals · 1871
- Carr v. National Security BankMassachusetts Supreme Judicial Court · 1871
- Thomson v. . Bank of British North AmericaNew York Court of Appeals · 1880
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3Cited by14 opinions
- Schaap v. First National BankSupreme Court of Arkansas · 1918
- Federal Land Bank v. CollinsMississippi Supreme Court · 1930
- Gray v. S. T. Woodring Lumber Co.Court of Appeals of Texas · 1917
- Southern Surety Company v. PhillipsSupreme Court of Arkansas · 1930
- Rogers Commission Co. v. Farmers' BankSupreme Court of Arkansas · 1911
9 more not listed; retrieve them via the Exa API.