Legal Opinion

Conqueror Trust Co. v. Reves Drug Co.

Supreme Court of Arkansas

Decided April 26, 1915PublishedCited by 5 opinions

Appeal from Crawford Circuit Court; James Cochrcm, Judge; STATEMENT BY THE COURT. The .appellant instituted this suit ¡against -the appellee to recover upon three promissory notes executed by appellee to the .order of the Vernon Advertising & Manufacturing Company (¡hereinafter designated as the Vernon Company). Appellant .alleged that the notes were endorsed by the payee to the appellant, being purchased by .appellant in the usual course-of business, 'before maturity and…

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Appeal from Crawford Circuit Court; James Cochrcm, Judge; STATEMENT BY THE COURT. The .appellant instituted this suit ¡against -the appellee to recover upon three promissory notes executed by appellee to the .order of the Vernon Advertising & Manufacturing Company (¡hereinafter designated as the Vernon Company). Appellant .alleged that the notes were endorsed by the payee to the appellant, being purchased by .appellant in the usual course-of business, 'before maturity and for value ¡and without notice. The .appellee .admitted the execution of the notes, but denied that .appellant was the…

1Opinion of the Court

Wood, J.,

(-after stating the facts). 1. The court erred in not -directing a verdict in favor of the -appellant. The unoontroverted evidence -showed that the appellant was' an innocent purchaser of the notes sued on. The appellant established the fact by its -evidence that it paid a .valuable -consideration for t-he notes before their maturity and without any n-oti-ce of any fraud in their execution or -of any defenses that the makers thereof might have against the payee. This -shifted the burden to the appellee to show that the appellant was not an innocent purchaser. Pinson v. Cobb, 113 Ark.…

2Cases cited3 opinions

  1. Bank of Monette v. HaleSupreme Court of Arkansas · 1912
  2. Bothell v. FletcherSupreme Court of Arkansas · 1910
  3. Pinson v. CobbSupreme Court of Arkansas · 1914

3Cited by5 opinions

  1. Conqueror Trust Co. v. Bayless Drug Co.Supreme Court of Oklahoma · 1919
  2. Conqueror Trust Co. v. SimmonSupreme Court of Oklahoma · 1917
  3. Stovall v. Liberty Plan of America, Inc.Supreme Court of Oklahoma · 1966
  4. McCollum v. GraberSupreme Court of Arkansas · 1944
  5. McCollum v. GraberSupreme Court of Arkansas · 1944

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