Legal Opinion

State National Bank v. Hyatt

Supreme Court of Arkansas

Decided April 22, 1905PublishedCited by 17 opinions

Appeal from Hempstead Circuit Court. Joel D. Conway, Judge. statement by the court. On the date therein named J. J. Hyatt & Company, of Ozan, Ark., executed the following note to the Howard County Bank, of Nashville, Ark., towit: “$1,435.85. , Nashville, Ark'., Nov. '5, 1902. “Three months after date, for value received, we promise to pay to the order of Howard County Bank fourteen hundred thirty-five and 85-100 dollars, at Howard County Bank, with interest at maturity at…

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Appeal from Hempstead Circuit Court. Joel D. Conway, Judge. statement by the court. On the date therein named J. J. Hyatt & Company, of Ozan, Ark., executed the following note to the Howard County Bank, of Nashville, Ark., towit: “$1,435.85. , Nashville, Ark'., Nov. '5, 1902. “Three months after date, for value received, we promise to pay to the order of Howard County Bank fourteen hundred thirty-five and 85-100 dollars, at Howard County Bank, with interest at maturity at the rate of ten per cent, per annum until paid. ' [Signed] “J. J. Hyatt & Co.” Afterwards on the 31st day of December,…

1Opinion of the Court

Riddick, J.,

{after stating the facts.) This is an action by the holder of a negotiable promissory note, to whom the note had been transferred for value in the usual course of business, against the maker to recover the amount of the note. The first contention on the part of the defendants is that, as the note was made payable at the Howard County Bank, and as defendant, without notice of the transfer, delivered the money to the bank at the place of payment, and it was lost by reason of the failure of the plaintiff to present the note for payment, the loss should fall upon the plaintiff who…

2Cases cited5 opinions

  1. Cheney v. LibbySupreme Court of the United States · 1890
  2. Bank of Montreal v. IngersonSupreme Court of Iowa · 1898
  3. Grissom v. Commerial National BankTennessee Supreme Court · 1889
  4. Jenkins v. ShinnSupreme Court of Arkansas · 1892
  5. Pryor v. WrightSupreme Court of Arkansas · 1852

3Cited by17 opinions

  1. Cosmopolitan Trust Co. v. Leonard Watch Co.Massachusetts Supreme Judicial Court · 1924
  2. Catlin v. ReedSupreme Court of Oklahoma · 1929
  3. Richmond v. Hog Creek Oil Co.Court of Appeals of Texas · 1920
  4. Winer v. Bank of BlythevilleSupreme Court of Arkansas · 1909
  5. American Security & Trust Co. v. John J. Juliano, Inc.Supreme Court of Virginia · 1962

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