Legal Opinion

First National Bank v. Thompson

Supreme Court of Arkansas

Decided May 29, 1916PublishedCited by 6 opinions

Appeal from Sebastian Circuit Court; Paul Little, Judge; 1. Though the payment was made to Matt Grey, as administrator of the estate of Mary A. Hare, deceased, it should be treated as a payment to him as curator of the estate of Ella Hare, upon the principle that where one acts in a dual capacity, the exercise of the power is referable to the true authority conferred. 98 Ga. 193; 26 S. E. 736; 95 Pa.

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Appeal from Sebastian Circuit Court; Paul Little, Judge; 1. Though the payment was made to Matt Grey, as administrator of the estate of Mary A. Hare, deceased, it should be treated as a payment to him as curator of the estate of Ella Hare, upon the principle that where one acts in a dual capacity, the exercise of the power is referable to the true authority conferred. 98 Ga. 193; 26 S. E. 736; 95 Pa. St. 117; 55 Id. 364; 1 Morse on Banks & Banking, § 343; 28 Kans. 415; 104 U. S. 54; 48 Conn. 550, 567; 82 Conn. 8; 72 Atl. 150; 22 L. R. A. (N. S.) 4008, -413; Zane on Banks etc. p. 213, § 134,…

1Opinion of the CourtMcCulloch, C. J.

The subject-matter of the present controversy, which is a fund paid into the appellant bank by the Ft. Smith & Western Railroad Company, as a deposit in a condemnation proceeding, has been before this court on two former occasions. In the year 1901, the Ft. Smith & Western Railroad Company instituted proceedings in the Circuit Court of Sebastian County to condemn a right-of-way over certain lands which, it now appears, were owned by Ella Hare, who was a person of unsound mind. Ella Hare was made defendant in the proceedings, not as a person of unsound mind, but as one who was sui juris,…

2Cases cited7 opinions

  1. Hare v. Fort Smith & Western RailroadSupreme Court of Arkansas · 1912
  2. State Ex Rel. Harris v. HarrisonSupreme Court of North Carolina · 1878
  3. Coonrod v. AndersonSupreme Court of Arkansas · 1892
  4. Adams v. GleavesTennessee Supreme Court · 1882
  5. Duckworth v. Ocean Steamship Co.Supreme Court of Georgia · 1896

2 more not listed; retrieve them via the Exa API.

3Cited by6 opinions

  1. Sizer v. Midland Valley RailroadSupreme Court of Arkansas · 1919
  2. Satterfield v. LoupeSupreme Court of Arkansas · 1923
  3. United States Fidelity & Guaranty Co. v. EdmondsonSupreme Court of Arkansas · 1933
  4. Campbell v. CampbellSupreme Court of Oklahoma · 1926
  5. Evans v. DavidsonSupreme Court of Arkansas · 1944

1 more not listed; retrieve them via the Exa API.

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