Delony v. Dillard
Supreme Court of Arkansas
Appeal from Howard Circuit Court; James S. Steel, Judge; 1. Repeals by implication are never favored. 112 Ark. 437; 92 Id. 600; 41 Id. 149. There is no such irreconcilable conflict between § 1715, C. & M. Digest, and the banking act of 1913, chap. 15, C. & M. Digest, as to justify holding the latter as having repealed the former by implication. 2. The liability of the president of a corporation for his failure to file the certificate required by law, is a personal liability…
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Appeal from Howard Circuit Court; James S. Steel, Judge; 1. Repeals by implication are never favored. 112 Ark. 437; 92 Id. 600; 41 Id. 149. There is no such irreconcilable conflict between § 1715, C. & M. Digest, and the banking act of 1913, chap. 15, C. & M. Digest, as to justify holding the latter as having repealed the former by implication. 2. The liability of the president of a corporation for his failure to file the certificate required by law, is a personal liability upon implied contract. 68 Ark. 433. The right of a creditor to sue is the same whether the corporation is solvent or…
1Opinion of the CourtHumphreys, J.
This suit was instituted in the Howard Circuit Court by appellant, a depositor in the Bank of Mineral Springs, after it failed and was taken over by the State Bank Commissioner on the 27th day of May, 1921, against appellee, who was the former president of the bank, to recover $1,312.64 and interest, which represented his deposit in the bank at the time it failed, on the ground that appellee, as president of the bank, failed to file a certificate at the time and in the manner required by section 1715 of Crawford & Moses’ Digest, showing the condition of the affairs of such bank. Appellee…
2Cases cited1 opinion
- Creamery Package Manufacturing Co. v. WilhiteSupreme Court of Arkansas · 1921
3Cited by3 opinions
- Henry v. Knights & Daughters of TaborSupreme Court of Arkansas · 1922
- Hi-Pro Fish Products, Inc. v. McClureDistrict Court, E.D. Arkansas · 1963
- Cartwright v. DennisSupreme Court of Arkansas · 1924