Jordan v. Harris
Supreme Court of Arkansas
Appeal from Pulaski Chaiicery Court; John B. Martineau, Chancellor; Appellant was purely an indorser for accommodation, from which he received no 'benefit; the same was without consideration, and the note is not enforcible against him. 1 Am. & Eng. Enc. of L., 2 ed., 335; 57 Ark. 437; 65 S. W. (Mo.) 303. Parol evidence is admissible to prove want of consideration, in cases like this. 24 Me. 363; 153 N. Y. 130; 1 Daniel, Neg.
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Appeal from Pulaski Chaiicery Court; John B. Martineau, Chancellor; Appellant was purely an indorser for accommodation, from which he received no 'benefit; the same was without consideration, and the note is not enforcible against him. 1 Am. & Eng. Enc. of L., 2 ed., 335; 57 Ark. 437; 65 S. W. (Mo.) 303. Parol evidence is admissible to prove want of consideration, in cases like this. 24 Me. 363; 153 N. Y. 130; 1 Daniel, Neg. Inst. 3 ed., 605, § 679; 35 N. Y. Sup. 944; 21 Ind. no; 24 Me. 274; 55 Fed. 906; 93 Ark. 112. Every presumption is in favor of the bank; King, the cashier, was acting for…
1Opinion of the CourtHart, J.
InsoHency proceedings were instituted in the P.ulaski Chancery Court against the Capital City Savings Bank, a corporation doing a banking business in the city of Little Rock, Aide., and Marvin Harris was appointed receiver. Scipio A. Jordan was a depositor in the bank at the time of its failure, and was allowed to file intervention by which he sought to recover from the receiver his pro rata part of said deposit. Upon the hearing, the chancellor held that he was not entitled to recover, and Jordan has appealed to this court.
It may be stated at the outset that the receiver stands in the place…
2Cases cited1 opinion
- Agricultural Bank v. RobinsonSupreme Judicial Court of Maine · 1844
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- Riches v. Hadlock, Bank Com'r.Utah Supreme Court · 1932
- United States Fidelity & Guaranty Co. v. MaxwellSupreme Court of Arkansas · 1922
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- Bush v. StateSupreme Court of Arkansas · 1917
- Bush v. StephensSupreme Court of Arkansas · 1917
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