Hamilton National Bank v. Emigh
Supreme Court of Arkansas
Appeal from Jefferson Circuit Court; W. B. Sorrells, Judge; 1. The note is a negotiable promissory note and appellant is the bona fide holder for value, before maturity and without any notice of any infirmity or defense between the original parties. 113 Ark. 72; 170 S. W. 852; 101 Ark. 281; 121 Id. 250; 48 Id. 454. 2. The bank being an innocent purchaser for value in the usual course of business was not affected by any question of payment to the payee of the note.
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Appeal from Jefferson Circuit Court; W. B. Sorrells, Judge; 1. The note is a negotiable promissory note and appellant is the bona fide holder for value, before maturity and without any notice of any infirmity or defense between the original parties. 113 Ark. 72; 170 S. W. 852; 101 Ark. 281; 121 Id. 250; 48 Id. 454. 2. The bank being an innocent purchaser for value in the usual course of business was not affected by any question of payment to the payee of the note. Payment to the payee is no defense against an innocent purchaser. 109 Ark. 113; 105 Id. 152; 113 Id. 190; 89 Id. 134; 105 Id. 155;…
1Opinion of the CourtSmith, J.
Appellant was the plaintiff in the trial of the cause in the court belqw, which is a suit upon the promissory note of appellees executed to the order of The Hanna-Brackenridge Company, of Fort Wayne, Indiana, for the sum of $500.00, under date of July 14, 1913, and by that company endorsed to appellant. The execution of the note was denied, and the truth was alleged to be that appellees had executed a note similar to the one sued on in June, 1913, but that this note had been discharged by certain payments which had been made and by the execution of a renewal note for the- balance.
Appellant…
2Cases cited4 opinions
- Tabor v. Merchants National BankSupreme Court of Arkansas · 1886
- Cox Wholesale Grocery Co. v. National BankSupreme Court of Arkansas · 1913
- Briggs v. CollinsSupreme Court of Arkansas · 1914
- Little v. Arkansas National BankSupreme Court of Arkansas · 1914
3Cited by4 opinions
- Weakley County v. CarneyCourt of Appeals of Tennessee · 1932
- Vance v. WhiteSupreme Court of Arkansas · 1929
- American Nat'l Bank v. CommissionerUnited States Board of Tax Appeals · 1928
- Associates Discount Corp. v. Tune Construction Co.U.S. Circuit Court for the District of Western Arkansas · 1961