Tabor v. Merchants National Bank
Supreme Court of Arkansas
APPEAL from Sebastian Circuit Court. Hon. H. B. Rutherford, Judge. The judgment is not sustained by the evidence as found by the court. The finding of the facts by the court is in the nature of a special verdict by a jury, and is conclusive of the facts. ¡85 Ark., 562; 5 ib., 588, 592. The court did not find that appellee owned or paid value for the note, and without such finding the judgment is erroneous. The burden was on appellee to show this.
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APPEAL from Sebastian Circuit Court. Hon. H. B. Rutherford, Judge. The judgment is not sustained by the evidence as found by the court. The finding of the facts by the court is in the nature of a special verdict by a jury, and is conclusive of the facts. ¡85 Ark., 562; 5 ib., 588, 592. The court did not find that appellee owned or paid value for the note, and without such finding the judgment is erroneous. The burden was on appellee to show this. The holder of a note payable to order, and which passes only by written assignment, is not presumed to have paid value for such note. He is not…
1Opinion of the CourtCockbill, C. J.
The Merchants National Bank sued the appellees upon a note signed by them and one Jerre Wolf, who was not sued. The note was made payable to the order of the German Insurance Company of Freeport, 111., and was indorsed in blank.
The appellants filed an ailswer, in which it was alleged that they signed the note “as sureties for Wolf in payment of an antecedent indebtedness then owing by said Wolf to the German Insurance Company,” upon the express agreement that Wolf should not deliver the note to the payee until W. L. Taylor and Alvie Smith had signed it with them, but that in violation of the…
2Cases cited10 opinions
- Railroad Co. v. National BankSupreme Court of the United States · 1880
- Oates v. National BankSupreme Court of the United States · 1879
- Deardorff v. ForesmanIndiana Supreme Court · 1865
- Nickerson v. . RugerNew York Court of Appeals · 1879
- Passumpsic Bank v. GossSupreme Court of Vermont · 1858
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3Cited by16 opinions
- White-Wilson-Drew Co. v. EgelhoffSupreme Court of Arkansas · 1910
- Citizens Bank, Booneville, Arkansas v. National Bank of Commerce, Tulsa, OklahomaCourt of Appeals for the Tenth Circuit · 1964
- Evans v. Speer Hardware Co.Supreme Court of Arkansas · 1898
- Hess v. SchaffnerCourt of Appeals of Texas · 1911
- Arkansas National Bank v. MartinSupreme Court of Arkansas · 1914
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