Legal Opinion · Dissent

Ouachita Industries v. Anderson

Supreme Court of Arkansas

Decided September 30, 1963No. 5-3023Published

1DissentGeorge Eose Smith, J.

The question before the court in Spencer v. Halpern, relied upon by the majority, was not the same as that confronting us today. There the issue was whether an assignment purporting to convey all the transferror’s interest in a note amounted to a qualified indorsement at common law. The court held the indorsement to be a qualified one.

In the ease at hand we are not concerned with the common law. The statute has greatly sharpened the conception of a qualified indorsement by declaring explicitly that the transferror may use “the words ‘without recourse ’ or any words of similar import. ’ ’ Ark.…

2Cases cited2 opinions

  1. Baldwin-Heckes Co. v. KammerlohrNebraska Supreme Court · 1932
  2. Grauman v. JacksonSupreme Court of Arkansas · 1950

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