McIlroy Banking Co. v. Dickson
Supreme Court of Arkansas
Appeal from Washington Chancery Court. Edward S. McDaniel, Judge. The burden was on the cashier to account for shortages in the bank’s assets. 12 Pick. 303; 1 Pet. 46; 1 Morse, Bank:*, etc., § 42, note a; Murfree, Off. Bonds, § 597. The judgment of the court declaring appellant’s lien upon the capital stock owned by the cashier was correct. Sand. & H. Dig. § 1342; 2 Beach, Priv.
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Appeal from Washington Chancery Court. Edward S. McDaniel, Judge. The burden was on the cashier to account for shortages in the bank’s assets. 12 Pick. 303; 1 Pet. 46; 1 Morse, Bank:*, etc., § 42, note a; Murfree, Off. Bonds, § 597. The judgment of the court declaring appellant’s lien upon the capital stock owned by the cashier was correct. Sand. & H. Dig. § 1342; 2 Beach, Priv. Corp. § 646; 60 Ark. 198. The court did not err in refusing to dismiss appellant’s complaint. 32 Ark. 300; Woerner, Adm. § 386; 56 Ark. 476; ib. 73; 39 Ark. 111. Chancery had jurisdiction. 29 Ark. 407. The homestead…
1Opinion of the CourtBunn, C. J.
This is a bill in equity against the widow, heir and executrix of a deceased cashier of the plaintiff bank, and against his bondsmen, as such cashier, and seeking to subject certain property, of which he died seized, to the satisfaction of such decree as might be rendered against his estate. Decree in part for plaintiff and in part for defendants, as will appear in the statement of facts and the opinion, and both parties appealed.
The findings of fact by the court were to the effect that the deceased was owing the bank, as shortage in his account, something over $18,000; that he had $3,500…
2Cases cited6 opinions
- Bennett v. Dawson adx.Supreme Court of Arkansas · 1857
- Alter v. KinsworthySupreme Court of Arkansas · 1875
- Beirne & Burnside v. ImbodenSupreme Court of Arkansas · 1853
- Saunders v. RuddSupreme Court of Arkansas · 1860
- Green v. BrooksSupreme Court of Arkansas · 1869
1 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Johnson v. UmstedCourt of Appeals for the Eighth Circuit · 1933
- United States & Canada Land Co. v. SullivanSupreme Court of Minnesota · 1910
- Starr v. City National BankSupreme Court of Arkansas · 1923
- Hayden v. HaydenSupreme Court of Arkansas · 1912
- Bank of Searcy v. Merchants Grocer Co.Supreme Court of Arkansas · 1916
6 more not listed; retrieve them via the Exa API.