Legal Opinion

Rogers Commission Co. v. Farmers' Bank

Supreme Court of Arkansas

Decided October 30, 1911PublishedCited by 10 opinions

Appeal from Searcy Circuit Court; George W. Reed, Judge; STATEMENT BY THE COURT. Plaintiff sued the defendant, alleging that on June 1, 1910, a check was drawn by Crisp & Burman upon the defendant for the sum of $117.07, which was on June 6, 1910, in due course of business presented to the bank for payment, at which time there was deposited in the bank in favor of the drawer of the check the sum of $300, sufficient to pay the check and discharge its obligation.

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Appeal from Searcy Circuit Court; George W. Reed, Judge; STATEMENT BY THE COURT. Plaintiff sued the defendant, alleging that on June 1, 1910, a check was drawn by Crisp & Burman upon the defendant for the sum of $117.07, which was on June 6, 1910, in due course of business presented to the bank for payment, at which time there was deposited in the bank in favor of the drawer of the check the sum of $300, sufficient to pay the check and discharge its obligation. That the defendant wrongfully refused to pay it and wrongfully procured the check to be protested, causing plaintiff to expend the…

1Opinion of the Court

Kirby, J.,

(after stating the facts). This case was tried upon a wrong theory of the law. The complaint did not state a cause of action, there being no liability upon the part of the bank to the payment of the check of one of its depositors until the acceptance of the same by the bank, regardless of the state of the depositor’s account. This court has already held, with the decided weight of authority, that the giving of a check upon a bank is not an assignment of the amount of it to the payee, upon which he can bring a suit against the bank for its payment, there being no privity between the…

2Cases cited1 opinion

  1. Sims v. American National BankSupreme Court of Arkansas · 1911

3Cited by10 opinions

  1. Schaap v. First National BankSupreme Court of Arkansas · 1918
  2. Hunt v. Security State BankOregon Supreme Court · 1919
  3. Southern Surety Company v. PhillipsSupreme Court of Arkansas · 1930
  4. State v. Bank of CommerceSupreme Court of Arkansas · 1918
  5. Southern Trust Co. v. American Bank of Commerce & Trust Co.Supreme Court of Arkansas · 1921

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