Legal Opinion

Cox Wholesale Grocery Co. v. National Bank

Supreme Court of Arkansas

Decided April 14, 1913PublishedCited by 13 opinions

Appeal from Polk Circuit Court; J. T. 'Cowling, Judge; Wright Prickett and J. I. Alley, for appellant. 1. The bank was only the prima facie owner of the draft. 55 Am. Dec. 292; 22 Hun. 335. 2. The letters of Scott and the cashier were admissible to show the true ownership of the draft. Jones on Ev. (2 ed.), p. 312, § 248; 1 Greenl.

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Appeal from Polk Circuit Court; J. T. 'Cowling, Judge; Wright Prickett and J. I. Alley, for appellant. 1. The bank was only the prima facie owner of the draft. 55 Am. Dec. 292; 22 Hun. 335. 2. The letters of Scott and the cashier were admissible to show the true ownership of the draft. Jones on Ev. (2 ed.), p. 312, § 248; 1 Greenl. Ev., § 180; 1 L. R. A. 224; 56 Hun. 501; 10 N. Y. Supp. 561; 33 Ark. 370. 3. If there is any evidence, the court should not take the case from the jury. 37 Ark. 164, 239, 580; 35 Id. 146; 36 Id. 451; 34 Id. 460, 743; 75 Id. 409; 63 Id. 94; 38 Cyc. 1532-3; 8 L. R.…

1Opinion of the CourtMcCulloch, C. J.

Appellant, a corporation doing business at Mena, Arkansas, instituted this action in the circuit court of Polk County against the Pittsburg Elevator Company, a corporation of Pittsburg, Kansas, and A. L. Scott, a resident of that place, to recover damages alleged to have been sustained by reason of the damaged condition of a carload of grain purchased by appellant from said defendants.

At the commencement of the action a writ of garnishment was sued out and served upon the Farmers’ & Merchants’ Bank, of Mena, Arkansas., to impound a sum of money in that bank alleged to be the property of said…

2Cases cited3 opinions

  1. Burton v. United StatesSupreme Court of the United States · 1905
  2. Taft v. Quinsigamond National BankMassachusetts Supreme Judicial Court · 1899
  3. Southern Sand & Material Co. v. People's Savings Bank & Trust Co.Supreme Court of Arkansas · 1911

3Cited by13 opinions

  1. Acme Hay & Mill Feed Co. v. Metropolitan National BankSupreme Court of Iowa · 1924
  2. Brown v. Yukon National BankSupreme Court of Arkansas · 1919
  3. Hamilton National Bank v. EmighSupreme Court of Arkansas · 1917
  4. Merchants' Bank of Kansas City v. Searcy Wholesale Grocer Co.Supreme Court of Arkansas · 1924
  5. Live Stock State Bank v. Forrest City Grocer Co.Supreme Court of Arkansas · 1924

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