Fidelity & Deposit Co. v. Merchants & Farmers Bank
Supreme Court of Arkansas
Appeal from Desha Chancery Court; Z. T. Wood, 'Chancellor; 1. Appellee bank is estopped from laying any claim to- the $1,853 under the circumstances.
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Appeal from Desha Chancery Court; Z. T. Wood, 'Chancellor; 1. Appellee bank is estopped from laying any claim to- the $1,853 under the circumstances. Through its architect it represented at the time it called upon appellant 'that it would owe to the contractors upon the completion of the building under the contract, including that item, the sum of $4,155.50, and upon the faith of those representations appellant fulfilled the contract .at an expense exceeding the total amount -represented to be due. 2. The bond company became subrogated to the rights of the bank as owner to the fund retained…
1Opinion of the Court
.Smith, J.
The parties to this litigation prepared an agreement in the -nature of am agreed statement of facts, it being in effect a .statement of the respective contentions of the parties, and it was -stipulated that this agreement might be read in evidence in lieu of depositions, but that either party might take proof to controvert the facts as there recited, hut no such proof was taken. From this agreement we copy the following facts:
On July 31, 1913, R. J. McBride and J. M. MeCammon, partners, under 'the firm name of McBride & Mc-Oamm-on, ¡and .the Merchants & Farmers Bank, of Dumas, the…
2Cases cited5 opinions
- Prairie State Bank v. United StatesSupreme Court of the United States · 1896
- National Surety Co. v. LongSupreme Court of Arkansas · 1906
- Powell v. FowlerSupreme Court of Arkansas · 1908
- Lawhon v. ToorsSupreme Court of Arkansas · 1905
- Marree v. IngleSupreme Court of Arkansas · 1901
3Cited by6 opinions
- Illinois Surety Co. v. MitchellCourt of Appeals of Kentucky · 1917
- Union Indemnity Co. v. Benton County Lumber Co.Supreme Court of Arkansas · 1929
- American Bank & Trust Co. v. LangstonSupreme Court of Arkansas · 1929
- Norton v. Maryland Casualty Co.Supreme Court of Arkansas · 1930
- State Bank of Wheatland v. TurpenWyoming Supreme Court · 1934
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