First National Bank v. Allen
Supreme Court of Arkansas
Appeal from Polk Circuit Court; James S. Steel, Judge; STATEMENT OR FACTS. The First National Bank of Mena commenced this suit against T. A. Allen and C. E. Sutton before a justice of the peace to recover the sum of $50. From a judgment rendered against them the defendants duly appealed to the circuit court, where the case was tried de novo.
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Appeal from Polk Circuit Court; James S. Steel, Judge; STATEMENT OR FACTS. The First National Bank of Mena commenced this suit against T. A. Allen and C. E. Sutton before a justice of the peace to recover the sum of $50. From a judgment rendered against them the defendants duly appealed to the circuit court, where the case was tried de novo. The facts are as follows: C. E. Sutton and his daughter, Eva Sutton, were conducting a restaurant in the city of Mena, and the daughter received a check from Fred Fonsworth, a customer, drawn in favor of her father on the First National Bank of Mena. She…
1Opinion of the Court
Hart, J'.,
(after stating the facts). The'court instructed the jury that if Mr. Sutton received the check . as fifty cents and disposed- of it as fifty cents neither .he nor .Allen w.as liable .to the plaintiff. This was wrong. The check, drawn ..by Fons'worth on the First National .Bank in favor of Sutton wa,s plainly written for fifty dollars, although Sutton received it for fifty cents. He endorsed the check.-Inasmuch as he was not a customer of the First National Bank and was a customer of the Plant,.ers,’.State Bank, it was supposed that he had made a mistake and used one of the blank…
2Cases cited3 opinions
- Neal v. WilsonMassachusetts Supreme Judicial Court · 1913
- Fender v. HelterbrandtSupreme Court of Arkansas · 1911
- Willingham v. JordanSupreme Court of Arkansas · 1905
3Cited by6 opinions
- Miller v. StuartUtah Supreme Court · 1927
- Blanchard v. PorterMassachusetts Supreme Judicial Court · 1944
- Bankers' & Planters' Mutual Insurance v. ArchieSupreme Court of Arkansas · 1920
- Citizens' National Bank v. GannonSupreme Court of Arkansas · 1923
- Patrick v. Arkansas National BankSupreme Court of Arkansas · 1927
1 more not listed; retrieve them via the Exa API.