Bank of Black Rock v. Son Tie Co.
Supreme Court of Arkansas
Appeal from Lawrence Circuit Court, Western District; D. II. Coleman, Judge; STATEMENT OF FACTS. Appellee sued appellant before a justice of the peace to recover $295, being the amount of a forged check purporting to have been drawn by appellee, which was cashed by appellant and charged to appellee. Judgment was there rendered in favor of appellant, and the case was carried to the circuit court by appellee, where there was a trial de novo.
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Appeal from Lawrence Circuit Court, Western District; D. II. Coleman, Judge; STATEMENT OF FACTS. Appellee sued appellant before a justice of the peace to recover $295, being the amount of a forged check purporting to have been drawn by appellee, which was cashed by appellant and charged to appellee. Judgment was there rendered in favor of appellant, and the case was carried to the circuit court by appellee, where there was a trial de novo. The facts, briefly stated, are as follows: “The B. Johnson & Son Tie Company is a foreign corporation doing business in the State of Arkansas, and W. M.…
1Opinion of the CourtHart, J.
(after stating the facts). The undisputed evidence shows that the signature of appellee to the check in question was forged.
Section 7789 of Crawford & Moses’ Digest relative to the effect .of a forged signature is as follows:
“When a signature is forged or made without the authority of the person whose signature it purports to be, it is wholly inoperative, and no right to retain the instrument, or to give a discharge therefor, or to enforce payment thereof against any party thereto, can be acquired through or under such signature, unless the party, against whom it is sought to enforce such a…
2Cases cited6 opinions
- Leather Manufacturers' Bank v. MorganSupreme Court of the United States · 1886
- Weinstein v. National Bank of JeffersonTexas Supreme Court · 1887
- Dana v. National Bank of the RepublicMassachusetts Supreme Judicial Court · 1882
- Citizens Bank & Trust Co. v. HinkleSupreme Court of Arkansas · 1916
- Robinson v. Security Bank & Trust Co.Supreme Court of Arkansas · 1919
1 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Trumbull v. TrumbullMissouri Court of Appeals · 1965
- Bank of Hatfield v. ChathamSupreme Court of Arkansas · 1923
- United States v. WimbleyDistrict Court, W.D. Arkansas · 1954
- Worthen Bank & Trust Co. v. Kelley-Nelson Construction Co.Supreme Court of Arkansas · 1952
- State ex rel. South Missouri Telephone Co. v. Public Service CommissionSupreme Court of Missouri · 1967
2 more not listed; retrieve them via the Exa API.