Marshall Bank v. Turney
Supreme Court of Arkansas
Appeal from Searcy Circuit Court; George W. Reed, Judge; reversed. 1. Giving the testimony its strongest probative force in favor of appellee, it fails to establish a gift. Thornton on Gifts and Advancements, 105-8; 44 L. R. A. 208; 18 L. R. A. 170; 23 L. R. A. 184; 1 Ark. 83; 79 Ark. 69; 72 Ark. 307; 43 Ark. 307; 59 Ark. 191; 60 Ark. 169; 20 Cyc. 1209, 1211 Id. 124, 125; 8 Am. & Eng.
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Appeal from Searcy Circuit Court; George W. Reed, Judge; reversed. 1. Giving the testimony its strongest probative force in favor of appellee, it fails to establish a gift. Thornton on Gifts and Advancements, 105-8; 44 L. R. A. 208; 18 L. R. A. 170; 23 L. R. A. 184; 1 Ark. 83; 79 Ark. 69; 72 Ark. 307; 43 Ark. 307; 59 Ark. 191; 60 Ark. 169; 20 Cyc. 1209, 1211 Id. 124, 125; 8 Am. & Eng. Enc. of L. (1 ed.) 1314; 122 N. E. 747. 2. It was error to permit appellee to testify to alleged conversations and transactions with the deceased, over the objections of appellants. Kirby’s Dig., § 3093; 79 Ark.…
1Opinion of the CourtMcCulloch, C. J.
The plaintiff, John G. Turney, instituted this action to recover a sum of money deposited with the Marshall Bank of Leslie, Arkansas, in the name of his father, Dr: George Turney, during the latter’s lifetime.
The undisputed facts are that Doctor Turney held two notes, executed to him by one Pate, for balance of purchase price of a tract of land, and he turned the notes over to the plaintiff with instructions to collect the same and deposit the money in the bank. Plaintiff collected the sum of $561 at different times during his father’s lifetime, and deposited it with instructions to the…
2Cases cited3 opinions
- Hatcher v. BufordSupreme Court of Arkansas · 1895
- Ammon v. MartinSupreme Court of Arkansas · 1894
- Fordyce v. HardinSupreme Court of Arkansas · 1891
3Cited by6 opinions
- Metropolitan Life Insurance v. ThompsonSupreme Court of Arkansas · 1942
- State ex rel. Bujac v. District Court of Second Judicial District for Bernalillo CountyNew Mexico Supreme Court · 1922
- Melton v. MeltonSupreme Court of Arkansas · 1917
- Peek v. MeadorsSupreme Court of Arkansas · 1973
- Reasor-Hill Corp. v. GoldenSupreme Court of Arkansas · 1952
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