Legal Opinion

O'Leary Bros. v. Abeles

Supreme Court of Arkansas

Decided June 9, 1900PublishedCited by 6 opinions

Appeal from Pulaski Circuit Court, Second Division. Joseph W. Martin, Judge. O’Leary Brothers & Co., of Pittsburg, Pa.,, sued Charles T. Abeles, doing business as Charles T. Abeles & Co., on an account for $1,216.65. Defendant admitted the correctness of the account, but pleaded payment in full.

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Appeal from Pulaski Circuit Court, Second Division. Joseph W. Martin, Judge. O’Leary Brothers & Co., of Pittsburg, Pa.,, sued Charles T. Abeles, doing business as Charles T. Abeles & Co., on an account for $1,216.65. Defendant admitted the correctness of the account, but pleaded payment in full. The evidence showed that on January 27, 1893, defendant mailed to plaintiffs his check on the First National Bank, of Little Rock, for $1,192.32, in payment of the amount herein sued on. The cheek was received by plaintiffs, and on January 30, 1893, was by them indorsed to and deposited with the Iron…

1Opinion of the CourtWood, J.

When the holder of a cheek delivers same to a bank as his bailee for collection, and the bank sends the check by mail to the drawee, who lives at a distance, and the drawee, upon receipt of the check, having money on deposit to the credit of the drawer, indorses the cheek “Paid,” and after-wards delivers same to the drawer, as between the payee or holder and the drawer, the check is paid; for, if the holder chooses this method of collection, and the bailee' bank, instead oí receiving the cash, takes, for the amount of the check, exchange which turns out to be worthless, the loss which the…

2Cases cited5 opinions

  1. Briggs v. SpauldingSupreme Court of the United States · 1891
  2. Indig v. . National City BankNew York Court of Appeals · 1880
  3. Briggs v. . Cent. Nat'l B'k of City of N.Y.New York Court of Appeals · 1882
  4. Loth v. MothnerSupreme Court of Arkansas · 1890
  5. Hayes v. . BeardsleyNew York Court of Appeals · 1892

3Cited by6 opinions

  1. Pinkney v. Kanawha Valley BankWest Virginia Supreme Court · 1910
  2. Burns v. YocumSupreme Court of Arkansas · 1906
  3. Friends in Need Society v. PetersonCourt of Appeals of Texas · 1928
  4. Fisher v. Farmers Cooperative Irr. Co., Ltd.Idaho Supreme Court · 1930
  5. Texas Electric Service Co. v. ClarkCourt of Appeals of Texas · 1932

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