Greer v. Levee District No. 3
Supreme Court of Arkansas
Appeal from Conway Chancery Court; Jordan Sellers; Chancellor; 1. C. C. Burrow is not liable on either of the notes, as no presentment was ever made or demand for payment made before due date. Kirby & Castle’s Digest, § § 7011-12-14. 2. Burrow signed the notes with the understanding that he was not to be liable. W. S. Wood also signed them and he did not so sign.
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Appeal from Conway Chancery Court; Jordan Sellers; Chancellor; 1. C. C. Burrow is not liable on either of the notes, as no presentment was ever made or demand for payment made before due date. Kirby & Castle’s Digest, § § 7011-12-14. 2. Burrow signed the notes with the understanding that he was not to be liable. W. S. Wood also signed them and he did not so sign. The notes were never transferred to an innocent holder or purchaser for value without notice. 48 Ark. 426; 103 Fed. 427; 120 N. W. 414. The county court has no authority to abolish districts. Kirby & Castle’s Digest, § § 5753-4-5;…
1Opinion of the Court
WOOD, J.,
(after stating the facts). The decree of the chancery court is correct, and should be affirmed.(1) The undisputed evidence shows that C. C. Burrow was one of the makers of the original notes to the bank in the sum of $4,000. True, the evidence also shows that it was understood among the makers of those notes at the time the same were executed that the money was being borrowed for the use and benefit of the levee district, that is for the purpose of building and repairing levees particularly in what constituted Levee District No. 5 before the county court entered the order abolishing…
2Cases cited1 opinion
- City Electric Street Railway Co. v. First National BankSupreme Court of Arkansas · 1898
3Cited by5 opinions
- Miskimins v. City National Bank of Fort SmithSupreme Court of Arkansas · 1970
- Little Red River Levee District No. 2 v. GarrettSupreme Court of Arkansas · 1922
- Howard v. WassonSupreme Court of Arkansas · 1933
- First Commercial Bank, N.A. v. McGaughey Bros.Court of Appeals of Arkansas · 1990
- Ouachita Valley Bank v. PullenSupreme Court of Arkansas · 1930