Bank of Hoxie v. Hadley Milling Co.
Supreme Court of Arkansas
Appeal from Craighead Circuit Court, Jonesboro District; J. F. Gautney, Judge; 1. Under the ordinary rules of the Law Merchant, White, by accepting the draft, became liable to the bank.
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Appeal from Craighead Circuit Court, Jonesboro District; J. F. Gautney, Judge; 1. Under the ordinary rules of the Law Merchant, White, by accepting the draft, became liable to the bank. By his acceptance he affirmed to all subsequent holders that Burke had authority to draw. 62 Barb. 101; 3 Burr. 1354; 1 W. Bl. 390; 60 Minn. 189; 51 Am. .St. 519. If a bill be drawn >by one professing to act as agent of the drawer, the acceptance admits his handwriting and authority as agent to draw. Daniel on Neg. Inst. (3 ed.), § 537; 7 Taunton, 455; 1 McGfloin, 161; 10 Bing. 51; Tiedeman on Com. Pap., §…
1Opinion of the CourtMcCulloch, C. J.
One of the appellees, Hadley Milling Company, a foreign corporation engaged in the manufacture and sale of flour, instituted this action against appellee White to recover the sum of $710, the price of a car load of flour ©old to White by the plaintiff’s agent, one J. E. Burke. White was engaged in the mercantile business at Lake City, Arkansas', when he purchased the car load of flour, and about the time of the delivery of the flour to him he accepted a 'draft drawn on him by Burke in the name of the latter’s principal,Hadley Milling Company, but payable to Burke’s own order, for the full…
2Cases cited3 opinions
- Briggs v. CollinsSupreme Court of Arkansas · 1914
- Smith v. JamesSupreme Court of Arkansas · 1890
- Hadley Milling Co. v. KelleySupreme Court of Arkansas · 1915
3Cited by2 opinions
- Singer Sewing Machine Co. v. WaggonerSupreme Court of Arkansas · 1929
- Wells v. McKaySupreme Court of Arkansas · 1923