German National Bank v. Moore
Supreme Court of Arkansas
Appeal from Pulaski Chancery Court; Jno. E. Martineau, Chancellor; STATEMENT BY THE COURT. R. H. Moore instituted 'this action in the chancery court against the German National Bank to recover from it the amount of a certificate of deposit, á true copy of-which is as follows: “German National Bank, Capital $750,000. “No. 538. “$4,000.- “Little Rook, Ark., January 14, 1913. “R. H. Moore has deposited with us four thousand ($4,000) dollars., payable to the order of self twelve…
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Appeal from Pulaski Chancery Court; Jno. E. Martineau, Chancellor; STATEMENT BY THE COURT. R. H. Moore instituted 'this action in the chancery court against the German National Bank to recover from it the amount of a certificate of deposit, á true copy of-which is as follows: “German National Bank, Capital $750,000. “No. 538. “$4,000.- “Little Rook, Ark., January 14, 1913. “R. H. Moore has deposited with us four thousand ($4,000) dollars., payable to the order of self twelve months after date with interest to maturity only at the rate of 4 per cent per annum upon the return of this cer-.…
1Opinion of the Court
Hart, J.,
(after stating the .facts). (1) Equity was the proper forum in which to institute this action. The loss or destruction of a written instrument in no way affects the liabilities of the parties to it or changes the nature of the demand. 25 Cyc. 1608.
In an extensive case note to 48 L. R. A. (N. S.) 648, the jurisdiction of courts of law and equity in actions on 'lost instruments is discussed. In some of the States courts of law have enlarged their jurisdiction by their own acts and in other States such jurisdiction has been conferred by statute.
Article 7, section 15, of the Constitution…
2Cases cited4 opinions
- Walls v. BrundidgeSupreme Court of Arkansas · 1913
- Hester v. BourlandSupreme Court of Arkansas · 1906
- Gladish v. LovewellSupreme Court of Arkansas · 1910
- O. J. Lewis Mercantile Co. v. HarrisSupreme Court of Arkansas · 1911
3Cited by13 opinions
- Monette Road Improvement District v. DudleySupreme Court of Arkansas · 1920
- Young v. YoungSupreme Court of Arkansas · 1944
- Nethercutt v. Pulaski County Special School DistrictSupreme Court of Arkansas · 1970
- Marvel v. State ex rel. MorrowSupreme Court of Arkansas · 1917
- North Hills Memorial Gardens v. SimpsonSupreme Court of Arkansas · 1964
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