Hill v. First National Bank
Supreme Court of Arkansas
Appeal from Hot Spring Circuit Court; W. H. Evans, Judge; 1. The justice had no jurisdiction and the circuit, court acquired none on appeal. The action was ex delicto, and the amount involved, $236.81, is beyond the jurisdiction of the justice. 41 Ark. 476; 47 Id. 59; 66 Id. 346; 79 Id. 172. 2. There was error in the admission and rejection of evidence. The check was payable to the bank, or order, and was not admissible.
Read the full summary
Appeal from Hot Spring Circuit Court; W. H. Evans, Judge; 1. The justice had no jurisdiction and the circuit, court acquired none on appeal. The action was ex delicto, and the amount involved, $236.81, is beyond the jurisdiction of the justice. 41 Ark. 476; 47 Id. 59; 66 Id. 346; 79 Id. 172. 2. There was error in the admission and rejection of evidence. The check was payable to the bank, or order, and was not admissible. Parol testimony was not admissible to show that the money was paid to Hill. McDonald’s evidence was not admissible and the court also erred in refusing to admit the records…
1Opinion of the CourtMcCulloch, C. J.
The plaintiff, First National Bank of Malvern, instituted this action before a justice of the peace of Hot Spring County against defendant, H. J. Hill, to recover the sum of $236.81, an amount alleged to have been received by defendant from plaintiff on a check drawn by defendant in the name of Gr. W. Fowler. It is claimed that defendant assumed to act for Fowler in drawing the check, but was not, in fact, clothed with any such authority, and that subsequently Fowler recovered judgment against plaintiff for the amount paid to defendant Hill on the draft. The cause was appealed to the circuit…
2Cases cited2 opinions
- Haupt v. VintWest Virginia Supreme Court · 1911
- Frank v. DunganSupreme Court of Arkansas · 1905
3Cited by4 opinions
- Lyon v. Mutual Benefit Health & Accident Assn.Supreme Court of the United States · 1939
- Darling Shops, Inc. v. BrackCourt of Appeals for the Eighth Circuit · 1938
- Hart v. BridgesCourt of Appeals of Arkansas · 1990
- Lyon v. Mutual Benefit Health & Accident Assn.Supreme Court of the United States · 1939