Merchants & Planters Bank v. New First National Bank
Supreme Court of Arkansas
Appeal from Miller Chancery Court;' James D. Shaver, Chancellor;; STATEMENT BY THE COURT. Walter P. and John E. Ritchie instituted this action in the chancery court against John J. Lentz, A. C. Stuart, State National Bank of Texarkana, Arkansas, and Merchants & Planters Bank of Camden, Arkansas, to enjoin them from paying a check drawn by W. P. Ritchie against the Merchants & Planters Bank for $2,000, payable to the order of John J. Lentz, and certified by the bank.
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Appeal from Miller Chancery Court;' James D. Shaver, Chancellor;; STATEMENT BY THE COURT. Walter P. and John E. Ritchie instituted this action in the chancery court against John J. Lentz, A. C. Stuart, State National Bank of Texarkana, Arkansas, and Merchants & Planters Bank of Camden, Arkansas, to enjoin them from paying a check drawn by W. P. Ritchie against the Merchants & Planters Bank for $2,000, payable to the order of John J. Lentz, and certified by the bank. The action was commenced on the 23d day of February, 1912, and subsequently the New First National Bank, of Columbus, Ohio,…
1Opinion of the Court
Hart, J.,
(after stating the facts). (1) In a case note to 16 Am. & Eng. Ann. Cases, at page 213, it is stated that the rule seems to be well settled that after a bank has certified a check, the drawer can not stop payment on it, and that the mere fact that the drawer has notified the bank not to pay the check does not release the bank from its liability thereon. A number of cases from various States are cited to support the rule.
In the ease of Merchants’ Bank v. State Bank, 10 Wallace, U. S. 604, Mr. Justice Swayne, speaking for the court, at page 647, said:
“By the law merchant of this…
2Cases cited4 opinions
- Mohawk Bank v. Broderick & PowellNew York Supreme Court · 1833
- Bill v. StewartMassachusetts Supreme Judicial Court · 1892
- Harbison v. HammonsSupreme Court of Arkansas · 1914
- Bothell v. FletcherSupreme Court of Arkansas · 1910
3Cited by6 opinions
- McIntire v. RaskinSupreme Court of Georgia · 1931
- Causey v. EilandSupreme Court of Arkansas · 1928
- Smith v. StateSupreme Court of Arkansas · 1921
- Joy Rice Milling Company v. BrownSupreme Court of Arkansas · 1925
- Kimbell Trust & Savings Bank v. OlsenAppellate Court of Illinois · 1926
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