Legal Opinion

Bothell v. Fletcher

Supreme Court of Arkansas

Decided February 14, 1910PublishedCited by 8 opinions

Appeal from Washington Circuit Court; Joseph S. Maples, Judge; STATEMENT BY THE COURT. This was a suit by appellant against the appellees on four negotiable instruments, acceptances, dated February 5, 1906, and executed by appellees to the American Jobbing Association, and by it assigned to the appellant before due. The suit was begun in a justice’s court. There were no written pleadings.

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Appeal from Washington Circuit Court; Joseph S. Maples, Judge; STATEMENT BY THE COURT. This was a suit by appellant against the appellees on four negotiable instruments, acceptances, dated February 5, 1906, and executed by appellees to the American Jobbing Association, and by it assigned to the appellant before due. The suit was begun in a justice’s court. There were no written pleadings. Appellant testified in substance that he was in the loan and brokerage business in Iowa City, Iowa; that the American Jobbing Association applied to him to discount some paper; that he discounted the…

1Opinion of the Court

Wood, J.,

(after stating the facts). The court erred in permitting any evidence to go to the jury except that which would tend to prove that appellant was not an innocent purchaser for value before maturity. That was the only issue between appellant and appellees, and the evidence should have been confined to that issue.

Therefore evidence of what the contract was between appellees and the American Jobbing Association was wholly irrelevant and incompetent. It was no concern of appellant, if he was without notice of any fraud, that fhe jewelry for which the acceptances were given was worthless,…

2Cases cited3 opinions

  1. Lanier v. Union Mortgage, Banking & Trust Co.Supreme Court of Arkansas · 1897
  2. Hogg v. ThurmanSupreme Court of Arkansas · 1909
  3. Thompson v. LoveSupreme Court of Arkansas · 1895

3Cited by8 opinions

  1. Holland Banking Co. v. BoothSupreme Court of Arkansas · 1915
  2. Conqueror Trust Co. v. SimmonSupreme Court of Oklahoma · 1917
  3. Stovall v. Liberty Plan of America, Inc.Supreme Court of Oklahoma · 1966
  4. Merchants & Planters Bank v. New First National BankSupreme Court of Arkansas · 1914
  5. Conqueror Trust Co. v. Reves Drug Co.Supreme Court of Arkansas · 1915

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