Carter v. Greenway
Supreme Court of Arkansas
Appeal from Independence 'Circuit Court; Dene H. Coleman, Judge; STATEMENT OE EAOTS. J. H. Greenway and Cora B. Smith, instituted separate suits in the circuit court against the First National Bank of Batesville, Ark.? to recover the sum of $2,000 each, alleged to be due on certificates of deposit. The b.ank filed an answer in which it admitted the execution of the certificates of deposit, and that they were past due.
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Appeal from Independence 'Circuit Court; Dene H. Coleman, Judge; STATEMENT OE EAOTS. J. H. Greenway and Cora B. Smith, instituted separate suits in the circuit court against the First National Bank of Batesville, Ark.? to recover the sum of $2,000 each, alleged to be due on certificates of deposit. The b.ank filed an answer in which it admitted the execution of the certificates of deposit, and that they were past due. It averred that the certificates were issued upon certain checks purported to have been drawn by C. H. Greenway during his lifetime on an account kept by him. in the bank. After…
1Opinion of the CourtHart, J.
(after stating the facts). The theory upon which appellees brought this suit and upon which it was tried in the lower court was that they were entitled to the amounts of the checks on the ground of a gift causa mortis. The law on this question has been clearly and concisely stated by the New York Court of Appeals in Ridden v. Thrall, 11 L. R. A. 684. Judge Earl, speaking for the court, said:
‘ ‘ Gifts causa mortis, as well as inter vivos, are based apon the fundamental right every one has of disposing of his property as he wills. The law leaves the power of disposition complete, but, to guard…
2Cases cited6 opinions
- Lowe v. HartSupreme Court of Arkansas · 1910
- Hatcher v. BufordSupreme Court of Arkansas · 1895
- Gordon v. ClarkSupreme Court of Arkansas · 1921
- Ammon v. MartinSupreme Court of Arkansas · 1894
- May v. JonesSupreme Court of Iowa · 1893
1 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Umberger v. WestmorelandSupreme Court of Arkansas · 1951
- Aycock v. BottomsSupreme Court of Arkansas · 1940
- Smith v. ClarkSupreme Court of Arkansas · 1952
- Krickerberg v. HoffSupreme Court of Arkansas · 1940
- Stifft v. W. B. Worthen Co.Supreme Court of Arkansas · 1928
5 more not listed; retrieve them via the Exa API.