Burns v. Yocum
Supreme Court of Arkansas
Appeal from Union Circuit Court; Charles W. Smith, Judge; STATEMENT BY THE COURT. The defendant, J. R. Burns, was indebted to the plaintiff, B. E. Yocum, in the sum of $974.61 evidenced by his promissory note secured by mortgage on land, and on August 18, 1903, delivered to her his check on the Bank of El Dorado, Ark., for that sum, which s-he accepted, and she surrendered to ihim the note and mortgage.
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Appeal from Union Circuit Court; Charles W. Smith, Judge; STATEMENT BY THE COURT. The defendant, J. R. Burns, was indebted to the plaintiff, B. E. Yocum, in the sum of $974.61 evidenced by his promissory note secured by mortgage on land, and on August 18, 1903, delivered to her his check on the Bank of El Dorado, Ark., for that sum, which s-he accepted, and she surrendered to ihim the note and mortgage. The plaintiff’s brother, George Yocum, acting as her agent, presented the check to the Bank of El Dorado for payment on August 24, 1903, about 9 o’clock a. m., and- the cashier of the bank…
1Opinion of the Court
McCulloch, J.,
(after stating the facts.) In the trial of this case below the parties ignored some of the issues presented by the pleadings, and introduced proof directed to other issues. There being no objection to this, the court treated the pleadings as amended to conform to the proof.
The plaintiff introduced no testimony tending to establish the allegations of the complaint that the defendant had no funds in bank to pay the check and misrepresented that fact to induce plaintiff to accept the check in payment of the note.
The court, in the instructions given.at the request of plaintiff,…
2Cases cited8 opinions
- Chapline v. Atkinson & Co.Supreme Court of Arkansas · 1885
- Hamlin v. SimpsonSupreme Court of Iowa · 1898
- Loth v. MothnerSupreme Court of Arkansas · 1890
- Morris v. Eufaula National BankSupreme Court of Alabama · 1898
- O'Leary Bros. v. AbelesSupreme Court of Arkansas · 1900
3 more not listed; retrieve them via the Exa API.
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- Bd. of Dir. of St. Francis Levee Dist. v. HaganSupreme Court of Arkansas · 1929
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