LaFayette v. Merchants' Bank
Supreme Court of Arkansas
Appeal from Sebastian Circuit -Court, .Fort Smith District. Styles T. Rowe, Judge. statement by the court. LaFayette & Brother, merchants and dealers in live stock at Checotah, Ind. Ter., in June, 1898, entered into an agreement with one Boudinot Whitlock by which, under certain conditions, they were to advance money to Whitlock for the purchase of cattle.
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Appeal from Sebastian Circuit -Court, .Fort Smith District. Styles T. Rowe, Judge. statement by the court. LaFayette & Brother, merchants and dealers in live stock at Checotah, Ind. Ter., in June, 1898, entered into an agreement with one Boudinot Whitlock by which, under certain conditions, they were to advance money to Whitlock for the purchase of cattle. These conditions were that Whitlock, when he purchased cattle, should give the vendor of the cattle a draft on LaFayette & Brother for the price thereof, on the back of which draft there should be indorsed a bill of sale conveying the…
1Opinion of the Court
Riddick, J.,
(after stating the facts.) This is an action to recover money páid under mistake of fact. And the facts, briefly stated, are that one Boudinot Whitlock had an agreement with the plaintiffs, RaFayette & Brother, by which RaFayette & Brother agreed to pay drafts drawn by Whitlock on them for the purchase price of cattle, provided that a bill of sale signed by the vendor conveying the cattle to RaFayette & Brother should be indorsed on the back of the draft as security for the payment of the draft. . To enable Whitlock to have these drafts with bill of sale in proper form, blank…
2Cases cited4 opinions
- Merchants' National Bank v. National Bank of the CommonwealthMassachusetts Supreme Judicial Court · 1885
- Hortsman v. HenshawSupreme Court of the United States · 1851
- Northampton National Bank v. SmithMassachusetts Supreme Judicial Court · 1897
- Carpenter v. Northborough National BankMassachusetts Supreme Judicial Court · 1877
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- Jones v. LewisSupreme Court of Arkansas · 1909
- Vick Consolidated School District No. 21 v. NewSupreme Court of Arkansas · 1945
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