Robinson v. Security Bank & Trust Co.
Supreme Court of Arkansas
Appeal from Phillips Circuit Court; J. M. Jackson, Judge; 1. The court erred in directing a verdict for defendant. It was a case for a jury under the evidence and the law. 89 Ark. 368; 96 Id. 451; 107 Id. 158; 7 C. J. 639. 2. The law presumes that a deposit belongs to him who deposits it with the bank and in whose name it is entered. 177 Fed. 164; 120 Id. 526; 69- N. E. 215. A forged-check does not protect the bank from a suit by the true owner and depositor. 57 N. Y. S.…
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Appeal from Phillips Circuit Court; J. M. Jackson, Judge; 1. The court erred in directing a verdict for defendant. It was a case for a jury under the evidence and the law. 89 Ark. 368; 96 Id. 451; 107 Id. 158; 7 C. J. 639. 2. The law presumes that a deposit belongs to him who deposits it with the bank and in whose name it is entered. 177 Fed. 164; 120 Id. 526; 69- N. E. 215. A forged-check does not protect the bank from a suit by the true owner and depositor. 57 N. Y. S. 525; 208 N. Y. 218. 1. The court properly instructed the jury to find for defendant. There was no conflict in the testimony…
1Opinion of the CourtHumphreys, J.
Appellant instituted suit against appellee in the common pleas court of Phillips County, to recover $300, alleged to be due him for money deposited in appellee’s bank to his credit. A pass book showing a deposit of $200 in his name on December 17,1913, and a certificate of deposit for $100, deposited in Ms name on the 16th day of Jannary, 1914, were made the basis of the suit.
Appellee filed answer, denying any liability on account of the alleged deposits. Upon hearing, a judgment was rendered dismissing appellant’s complaint, from from which an appeal was prosecuted to the Phillips Circuit…
2Cases cited2 opinions
- Carroll County Bank v. RhodesSupreme Court of Arkansas · 1900
- Bank of Hartford v. McDonaldSupreme Court of Arkansas · 1913
3Cited by3 opinions
- Bank of Hatfield v. ChathamSupreme Court of Arkansas · 1923
- Bank of Hatfield v. ClaytonSupreme Court of Arkansas · 1923
- Bank of Black Rock v. Son Tie Co.Supreme Court of Arkansas · 1921