McFall v. First National Bank
Supreme Court of Arkansas
Appeal from St. Francis Circuit Court; J. M. Jackson, Judge; The court erred in its instructions to the jury. They should have been instructed that plaintiffs were entitled to “substantial” damages and that a mistake of the bank in dishonoring the checks would not excuse it from liability. 5 Cyc. 535; Ann. Cases, 1913, A. 999; 7 Am.
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Appeal from St. Francis Circuit Court; J. M. Jackson, Judge; The court erred in its instructions to the jury. They should have been instructed that plaintiffs were entitled to “substantial” damages and that a mistake of the bank in dishonoring the checks would not excuse it from liability. 5 Cyc. 535; Ann. Cases, 1913, A. 999; 7 Am. Cases 818; 10 Id. 897; 121 Pac. 939; 67 N. E. 655; 5 R. C. L. 550. If the depositor is a merchant or trader, “substantial” damages will be presumed without proof. 5 R. C. L. 550 and cases cited; Ann. Cases, 1913, A. 1002. See also 121 Pac. 939; 5 R. C. L. 549,…
1Opinion of the CourtHumphreys, J.
Appellants instituted suit against appellee in the St. Francis Circuit Court to recover damages for wrongfully and wilfully dishonoring or refusing to pay certain checks drawn by them upon appellee in favor of the Southwestern Telephone & Telegraph Company engaged in business in Forrest City, Arkansas, and various wholesale merchants engaged in business in Memphis, Tennessee. In substance, the complaint alleged that appellants were partners engaged in a general grocery and butcher business in Madison, Arkansas; that appellee was a national bank engaged in the banking business at Forrest City,…
2Cases cited1 opinion
- Siminoff v. Jas. H. Goodman & Co. BankCalifornia Court of Appeal · 1912
3Cited by7 opinions
- Francisco Elizarraras v. Bank of El PasoCourt of Appeals for the Fifth Circuit · 1980
- Woody v. . BankSupreme Court of North Carolina · 1927
- Gendler v. Sibley State BankDistrict Court, N.D. Iowa · 1945
- MacRum v. Security Trust & Savings Co.Supreme Court of Alabama · 1930
- State Bank v. MarshallSupreme Court of Arkansas · 1924
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