Arkansas Trust & Banking Co. v. Bishop
Supreme Court of Arkansas
Appeal from Little River Circuit Court .; Jefferson T. Cowling, Judge; statement by the court. Appellee brought suit against appellant for $25 in the justice’s court, .and from the judgment there against him, appealed to the circuit court, where upon a trial ■anew, judgment was rendered in his favor, from which this appeal has-been prosecuted.
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Appeal from Little River Circuit Court .; Jefferson T. Cowling, Judge; statement by the court. Appellee brought suit against appellant for $25 in the justice’s court, .and from the judgment there against him, appealed to the circuit court, where upon a trial ■anew, judgment was rendered in his favor, from which this appeal has-been prosecuted. It appears from the testimony that the Simms Grocery Company was a tenant of appellee .and in 'a failing condition, .and on November 16, gave him .a check for $25 on appellant’s bank, where the parties kept their accounts. Bishop took the Check and in…
1Opinion of the Court
Kirby, J.,
(.after stating the facts). The only question in this case for the decision of the jury was whether the bank accepted the check and beepne liable to the payment of the amount for which it issued its deposit slip to the drawee thereof. The intention of the parties to the transaction could properly have been shown for the determination of this question, and the bank having issued its regular deposit slip or ticket for the amount of the check to the drawee thereof, the burden rested upon it to show that it was not in payment of the check. The fact that the drawer of the check offered…
2Cases cited1 opinion
- Rogers Commission Co. v. Farmers' BankSupreme Court of Arkansas · 1911
3Cited by7 opinions
- Sanders v. W. B. Worthen Co.Supreme Court of Arkansas · 1916
- Gillett v. Williamsville State BankAppellate Court of Illinois · 1941
- Snyder v. Hamilton National BankSupreme Court of Colorado · 1918
- Norton v. Mercantile Bank & Trust Co. of TexasCourt of Appeals of Texas · 1932
- City Nat. Bk. v. Citizens' Bk. of PettigrewSupreme Court of Arkansas · 1927
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