Arkansas National Bank v. Johnson
Supreme Court of Arkansas
Appeal from Garland Circuit Court; Scott Wood, Judge; 1. The court erred in not granting the peremptory instruction asked 'by defendant. The principle governing the relationship of -Spear -and the bank is that of principal -and agent. 5 -Cyc. 493; 78 Neb. 334; 110 N. W. 1019; 126 Am.
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Appeal from Garland Circuit Court; Scott Wood, Judge; 1. The court erred in not granting the peremptory instruction asked 'by defendant. The principle governing the relationship of -Spear -and the bank is that of principal -and agent. 5 -Cyc. 493; 78 Neb. 334; 110 N. W. 1019; 126 Am. St. 604; 102 Mass. 503. 2. One who pays a gambling obligation by check can not recover from the bank * # # -even though the bank knows the purpose for which the check was drawn. 154 111. App. 74; Elliott on Co'nt., § 1019. 3. The court erred in giving instruction No. 5. Kirby’s Dig., § 3687, etc. It had no -place…
1Opinion of the CourtHart, J.
Appellee sued appellant and one Ed Spear, alleging that there had’ been stolen from him certain drafts iand a certificate of deposit iand money, aggregating the sum of $5,125, and that appellant and Spear received and converted the same to their own use, knowing them to have 'been stolen.
Appellant answered that it had no knowledge of the drafts having been stolen, and that if it received said drafts and certificate of deposit, it received them from Spear in good faith and without knowledge or notice of any defect in Spear’s title, and paid the proceeds over to him before the institution of…
2Cases cited3 opinions
- People v. TomlinsonCalifornia Supreme Court · 1894
- State v. DobbinsSupreme Court of Iowa · 1911
- Rumping v. Arkansas National BankSupreme Court of Arkansas · 1915
3Cited by5 opinions
- Hall v. StateSupreme Court of Arkansas · 1923
- Central Surety Fire Corporation v. WilliamsSupreme Court of Arkansas · 1948
- Heath v. StateSupreme Court of Arkansas · 1944
- Morgan v. StateSupreme Court of Arkansas · 1925
- Holt v. StateSupreme Court of Arkansas · 1926