City Electric Street Railway Co. v. First National Bank
Supreme Court of Arkansas
Appeal from Pulaski Chancery Court. P. O. Dooley, Special Chancellor. It was error to allow plaintiff to take judgment on notes loaned it for the purpose, because: (a) Suits must be brought in the name of the real party in interest (Sand. & EL Dig., § 5623); (b) no one but the holder and owner of the paper could bring suit on it (3 Rand. Com.
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Appeal from Pulaski Chancery Court. P. O. Dooley, Special Chancellor. It was error to allow plaintiff to take judgment on notes loaned it for the purpose, because: (a) Suits must be brought in the name of the real party in interest (Sand. & EL Dig., § 5623); (b) no one but the holder and owner of the paper could bring suit on it (3 Rand. Com. Pap. § 1656; Byles on Bills, 2; 52 Ark. 418); (c) the one who brings the action must be the holder at the time of bringing the suit (Byles on Bills, 403; 36 Ark. 456; 21 id. 186; 1 Am. & Eng. Enc. Law, 180). Upon insolvency, all rights of set-off are at…
1Opinion of the Court
McCain, Special Judge.
This is an appeal from the Pulaski chancery court. Two suits were consolidated in the court below. One of these was a suit brought by Nick Kupferle, as trustee, on an account which H. G-. Allis had or claimed to have against the Electric Street Railway Co., and which he had assigned to Kupferle as collateral security for his indebtedness to the First National Bank of Little Rock. The amount claimed in this suit was $157,500. The other suit was an action brought by the receiver of said bank against the same defendant for an amount claimed to be due on several overdrafts…
2Cases cited4 opinions
- American Surety Company v. PaulySupreme Court of the United States · 1898
- Trimble v. JamesSupreme Court of Arkansas · 1883
- Grow v. CockrillSupreme Court of Arkansas · 1897
- Key v. FieldingSupreme Court of Arkansas · 1877
3Cited by8 opinions
- Bank of Hartford v. McDonaldSupreme Court of Arkansas · 1913
- Campbell v. Southwestern Telegraph & Telephone Co.Supreme Court of Arkansas · 1913
- Simansky v. ClarkSupreme Judicial Court of Maine · 1929
- Greer v. Levee District No. 3Supreme Court of Arkansas · 1919
- Citizens State Bank of Denison v. Drumright State BankSupreme Court of Oklahoma · 1925
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