Blanton v. First National Bank
Supreme Court of Arkansas
Appeal from St. Francis Circuit Court; J. M. Jackson, Judge; 1. The court erred in sustaining the demurrer. The complaint stated a good cause of action. The bank was liable as it converted a trust fund with knowledge of its identity and character. 114 S. W. 322; 38 Atl. 893; Am. Cas. 1914 B. 067; 82 Ark. 519; 12 B. C. L. 1172 et seq. 2. Rolfe was liable as president of the bank. Kirby’s Dig., § 848; 90 Ark. 51. 1. There was no liability.
Read the full summary
Appeal from St. Francis Circuit Court; J. M. Jackson, Judge; 1. The court erred in sustaining the demurrer. The complaint stated a good cause of action. The bank was liable as it converted a trust fund with knowledge of its identity and character. 114 S. W. 322; 38 Atl. 893; Am. Cas. 1914 B. 067; 82 Ark. 519; 12 B. C. L. 1172 et seq. 2. Rolfe was liable as president of the bank. Kirby’s Dig., § 848; 90 Ark. 51. 1. There was no liability. No settlement had been made by the guardian in the probate court who alone had jurisdiction. Const. Art. 7, § 84; Kirby’s Dig. Ch. 76; 12 R. C. L. 1154. The…
1Opinion of the CourtMcCulloch, C. J.
The circuit cojirt .sustained a demurrer to appellant’s complaint and dismissed the action on the ground that the complaint failed to state a cause of action.
It is alleged that on March 24, 1913, appellant was a minor under guardianship in the probate court of St. Francis County, and that her mother, Mary E. Evans, was guardian of herself and also of her infant brother, John C. Blanton; that on that day W. W. Hughes, an attorney of Forrest City, having in his hands the sum of $1,070.67 which he had collected for appellant and her brother, drew a check on the Bank of Eastern Arkansas for said…
2Cases cited3 opinions
- Hall v. BrewerSupreme Court of Arkansas · 1883
- American Surety Co. v. VannSupreme Court of Arkansas · 1918
- Taylor v. DexterSupreme Court of Arkansas · 1916
3Cited by20 opinions
- Dolphin v. WilsonSupreme Court of Arkansas · 1997
- Bank of Giles County v. Fidelity & Deposit Co.Court of Appeals for the Fourth Circuit · 1936
- Helena v. First National Bank of HelenaSupreme Court of Arkansas · 1927
- Walker v. RoseSupreme Court of Arkansas · 1922
- French v. CastleberrySupreme Court of Arkansas · 1965
15 more not listed; retrieve them via the Exa API.