Hill v. Kavanaugh
Supreme Court of Arkansas
Appeal from Miller Circuit Court; G. R. Haynie, Judge; 1. It is proven and not denied that this money deposited by appellant in the Texarkana Trust Company bank was of the public funds of Miller County, and that this company failed .and refused to pay it. It is admitted that defendants, were stockholders in the trust company both ait the time the deposit was made and when it failed.
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Appeal from Miller Circuit Court; G. R. Haynie, Judge; 1. It is proven and not denied that this money deposited by appellant in the Texarkana Trust Company bank was of the public funds of Miller County, and that this company failed .and refused to pay it. It is admitted that defendants, were stockholders in the trust company both ait the time the deposit was made and when it failed. The bank knew that these were public funds because its cashier solicited the treasurer to make the deposit as treasurer. The shifting or changing of the bank’s records in no way changed the nature or ownership of…
1Opinion of the Court
McCulloch, C. J.(1) Appellant was treasurer of Miller County .and instituted this action against 'the appellees, who were stockholders of a defunct banking institution known as the Texarkana Trust Company, to recover the amount of 'certain funds alleged to have been deposited as the county funds in that institution. The facts are undisputed and the court gave a peremptory instruction in favor of appellees. Even if there had been any substantial conflict in the testimony, all doubt would ■have to be resolved in favor of the court’s finding, in as much as both sides asked for a peremptory…
2Cases cited5 opinions
- St. Louis Southwestern Railway Co. v. MulkeySupreme Court of Arkansas · 1911
- Bank of Midland v. HarrisSupreme Court of Arkansas · 1914
- Wilson v. WhiteSupreme Court of Arkansas · 1907
- Cunningham v. StateSupreme Court of Arkansas · 1914
- Black v. Special School District No. 2Supreme Court of Arkansas · 1915
3Cited by10 opinions
- State Banking Board v. PilcherTexas Commission of Appeals · 1925
- Webber v. RodgersSupreme Court of Arkansas · 1917
- Chapman v. MooneyCourt of Appeals of Texas · 1924
- City of El Dorado v. KidwellSupreme Court of Arkansas · 1963
- City National Bank v. RiggsSupreme Court of Arkansas · 1934
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