Carroll County Bank v. Rhodes
Supreme Court of Arkansas
Appeal from Carroll Circuit Court in Chancery, Eastern District. Edward S. McDaniel, Judge. One who claims the right of subrogation must be governed by the maxim, sic utere tuo ut alienum non laedas. Sheldon, Sub. § 4. 3 Pom. Eq. Jur. note 1, § 1419 (2d Ed.) ; 49 Minn. 386; S. C. 32 Am.
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Appeal from Carroll Circuit Court in Chancery, Eastern District. Edward S. McDaniel, Judge. One who claims the right of subrogation must be governed by the maxim, sic utere tuo ut alienum non laedas. Sheldon, Sub. § 4. 3 Pom. Eq. Jur. note 1, § 1419 (2d Ed.) ; 49 Minn. 386; S. C. 32 Am. St. 566. A banker cannot excuse disobedience of a customer's order by setting up that he knew or had reason to believe that the customer’s order was given in promotion of an unlawful purpose. 2 Morse, Banking (3d Ed.) § 317; 56 Ark. 508; 76 jST. C. 482. The check was negotiable, and the law imposed upon the…
1Opinion of the CourtBattle, J.
On the 15th day of October, 1897, J. L. Rhodes and 47 others instituted a suit in equity against A. P. Maples, 1ST. C. Charles, J. P. Pancher, D. H. Seitz, M. L. Coxsey, and the Carroll County Bank, all of whom, except the hank and Maples, had signed the bond of Maples as sureties. H. I. Seidel and W. R. Boyd, two other sureties on the bond, were not made parties, Sei-del being insolvent and Boyd having died since the signing of the bond, leaving no estate.
Plaintiffs alleged in their complaint that the defendant, Maples, was duly elected sheriff of Carroll county, in this state, at the…
2Cases cited4 opinions
- National Bank v. Insurance Co.Supreme Court of the United States · 1881
- Commercial & Agricultural Bank v. JonesTexas Supreme Court · 1857
- Boone County Bank v. ByrumSupreme Court of Arkansas · 1900
- Bank of Greensboro v. . ClappSupreme Court of North Carolina · 1877
3Cited by23 opinions
- Covey v. CannonSupreme Court of Arkansas · 1912
- Darragh Co. v. GoodmanSupreme Court of Arkansas · 1916
- Oklahoma State Bank v. Galion Iron Works & Mfg. Co.Court of Appeals for the Eighth Circuit · 1925
- United States Fidelity & Guaranty Co. v. First National Bank of MonroviaCalifornia Court of Appeal · 1912
- Bank of Hartford v. McDonaldSupreme Court of Arkansas · 1913
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