Bank of Hartford v. McDonald
Supreme Court of Arkansas
Appeal from Sebastian Chancery Court, Greenwood District; J. V. Bourland, Chancellor; STATEMENT BY THE COURT. This action was instituted by the Bank of Hartford to recover the sum of $2,141.66 upon a promissory note, executed on September 9, 1907, to the bank by appellees, A. A. McDonald, M. L. Croom and by one Joseph M. Spradling, who was the president of the bank, but died before the institution of the suit; and his administrator was made a party defendant.
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Appeal from Sebastian Chancery Court, Greenwood District; J. V. Bourland, Chancellor; STATEMENT BY THE COURT. This action was instituted by the Bank of Hartford to recover the sum of $2,141.66 upon a promissory note, executed on September 9, 1907, to the bank by appellees, A. A. McDonald, M. L. Croom and by one Joseph M. Spradling, who was the president of the bank, but died before the institution of the suit; and his administrator was made a party defendant. The note sued on was as follows: “ ($2,141.66) Hartford, Ark., Sept. 9, 1907. Ninety days after date, without grace, we promise to pay…
1Opinion of the Court
Smith, J.,
(after stating the facts). Pretermitting a decision upon the competency of the evidence herein detailed and to which there were a number of objections, we are of opinion that the evidence is not sufficient to charge the bank with liability for the misappropriation of these funds. Except the correspondence, above set out, there is no proof that any officer of the bank, except the president, knew anything about the interest of appellees in the property and the rents and proceeds of the sale thereof and this correspondence is insufficient to charge it with such notice as would make it…
2Cases cited8 opinions
- Interstate National Bank v. ClaxtonTexas Supreme Court · 1904
- City Electric Street Railway Co. v. First National Exchange BankSupreme Court of Arkansas · 1896
- Carroll County Bank v. RhodesSupreme Court of Arkansas · 1900
- Boone County Bank v. ByrumSupreme Court of Arkansas · 1900
- Klein v. German National BankSupreme Court of Arkansas · 1901
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3Cited by14 opinions
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- United States v. ThompsonDistrict Court, E.D. Arkansas · 1967
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- Southwestern Surety Ins. Co. v. MarlowSupreme Court of Oklahoma · 1920
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