Oklahoma State Bank v. Bank of Central Arkansas
Supreme Court of Arkansas
Appeal from Lonoke Chancery Conrt; John E. Martineau, Chancellor; 1. Money which has been misappropriated to an innocent third party can not be recovered by the one from whom the funds were misappropriated. 180 U. S. 284. 1 Burr. 452; 25 L. R. A. (N. iS.) 631. The money here wais applied to the note before the garnishment. 67 Ark. 223-227; 56 Id. 473, 482; 103 N. E. 780. 1. The decree is right on the whole case and should be .affirmed.
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Appeal from Lonoke Chancery Conrt; John E. Martineau, Chancellor; 1. Money which has been misappropriated to an innocent third party can not be recovered by the one from whom the funds were misappropriated. 180 U. S. 284. 1 Burr. 452; 25 L. R. A. (N. iS.) 631. The money here wais applied to the note before the garnishment. 67 Ark. 223-227; 56 Id. 473, 482; 103 N. E. 780. 1. The decree is right on the whole case and should be .affirmed. When the garnishment was served, the money was to the credit of Muse at the hank. It was obtained !by fraud and had never been credited on the note. 67 Iowa,…
1Opinion of the Court
McCulloch, iC. J.
This action was instituted in the circuit court of Lonoke 'County, 'and after the issues were joined in the pleadings, the case was by agreement of parties transferred to the chancery court of that county .and proceeded there to a final decree. The plaintiff, O. M. Keys Commission Company, a corporation doing business at East St. Louis, Illinois, claims- an indebtedness against defendant, T. J. Muse, in the sum of $1,166.30, of which the sum of $1,150 was incurred by .a draft drawn by Muse on ©aid plaintiff in favor of one Ben Wildmaa, which said draft was 'deposited by…
2Cases cited7 opinions
- Hatch v. Fourth National BankNew York Court of Appeals · 1895
- Nineteenth Ward Bank v. First National BankMassachusetts Supreme Judicial Court · 1903
- Holly v. Missionary Society of the Protestant Episcopal ChurchSupreme Court of the United States · 1901
- Carroll County Bank v. RhodesSupreme Court of Arkansas · 1900
- Howard & Co. v. WalkerTennessee Supreme Court · 1893
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3Cited by3 opinions
- Kidder v. HallTexas Supreme Court · 1923
- Federal Reserve Bank v. PetersSupreme Court of Virginia · 1924
- Darragh Co. v. GoodmanSupreme Court of Arkansas · 1916