Citizens' Bank v. Murphy
Supreme Court of Arkansas
Appeal from Union Chancery Court; Bmon O. Mahoney. •Chancellor; STATEMENT BY THE COURT. On -the 4th of June, 1904, Guy Murphy was appointed receiver of the El Dorado Eumib.er & Planing Mill Company, a corporation organized under the laws of Arkansas.
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Appeal from Union Chancery Court; Bmon O. Mahoney. •Chancellor; STATEMENT BY THE COURT. On -the 4th of June, 1904, Guy Murphy was appointed receiver of the El Dorado Eumib.er & Planing Mill Company, a corporation organized under the laws of Arkansas. The issue in this case arose out of a recommendation by the receiver in his report to the court that the claim of the Citizens’ Bank, appellant, which had been presented to him for allowance and payment, and which he had disallowed, be subjected to judicial examination, and that -the bank be directed to appear on a -certain day of the chancery…
1Opinion of the Court
Wood, J.,
(after stating the facts.) The court erred in its findings and decree. As we view the evidence, the charge of one and one-half per cent, commissions was indeed a charge or commission made by the bank against the Mill Company for handling the latter’s accounts and invoices -in the manner indicated in the statement of facts. The proof tends to show •that this agreement to pay commission for the trouble the bank bad in handling and collecting the Mill Company’s accounts was a separate and distinct charge from the amount agreed to be paid for the 'advancement of money by appellant. It…
2Cases cited4 opinions
- Leonhard v. FloodSupreme Court of Arkansas · 1900
- First National Bank v. WaddellSupreme Court of Arkansas · 1905
- Scruggs v. Scottish Mortgage Co.Supreme Court of Arkansas · 1891
- Holt v. KirbySupreme Court of Arkansas · 1893
3Cited by25 opinions
- Briggs v. SteeleSupreme Court of Arkansas · 1909
- Winston v. Personal Finance Co. of Pine Bluff, Inc.Supreme Court of Arkansas · 1952
- Jones v. PhillippeSupreme Court of Arkansas · 1918
- Brittian, Administrator v. McKimSupreme Court of Arkansas · 1942
- Perry v. ShelbySupreme Court of Arkansas · 1938
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