First National Bank v. N. R. McFall & Co.
Supreme Court of Arkansas
Appeal from St. Francis Circuit Court; J. M. Jackson, Judge; 1. This is the second appeal in this case. 138 Ark. 370. There was no burden on appellant to show that it had sustained substantial damages as the result of wrongfully turning down a merchant’s check. When it is shown that a check is wrongfully dishonored, a prima facie case is made. The testimony shows that no substantial damages was suffered by plaintiffs by reason of the failure of defendant to pay the checks.
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Appeal from St. Francis Circuit Court; J. M. Jackson, Judge; 1. This is the second appeal in this case. 138 Ark. 370. There was no burden on appellant to show that it had sustained substantial damages as the result of wrongfully turning down a merchant’s check. When it is shown that a check is wrongfully dishonored, a prima facie case is made. The testimony shows that no substantial damages was suffered by plaintiffs by reason of the failure of defendant to pay the checks. In determining the correctness of the instructions when the facts are passed on by the jury, it is only necessary to call…
1Opinion of the CourtHumphreys, J.
Appellee, a mercantile partnership composed of N. R. McFall and W. A. Scales, instituted suit against appellant, an incorporated bank, in the St. Francis Circuit Court, to recover damages on account of appellant’s refusal to pay checks drawn by appellee on checking funds theretofore deposited by it in said bank. This is the second appeal in the case. The first appeal appeared here under the style of McFall v. First National Bank of Forrest City, and is reported in 138 Ark. 370. The case was reversed on the first appeal and remanded for a new trial because the trial court instructed the jury…
2Cases cited1 opinion
- McFall v. First National BankSupreme Court of Arkansas · 1919
3Cited by4 opinions
- Francisco Elizarraras v. Bank of El PasoCourt of Appeals for the Fifth Circuit · 1980
- Gendler v. Sibley State BankDistrict Court, N.D. Iowa · 1945
- MacRum v. Security Trust & Savings Co.Supreme Court of Alabama · 1930
- State Bank v. MarshallSupreme Court of Arkansas · 1924