Jordan v. Bank of Morrilton

Hart, J.,

(after stating the facts). As will be seen from our statement of facts, the cashier of the Bank of Morrilton testified that it was expressly understood between Turner and the bank that $2,735.29 of the money borrowed from the bank should be applied towards the payment of a prior mortgage given by Turner to Jordan on the same land. When Turner received the money from the hank, he left on deposit there the sum of $2,735.29 to be applied towards the payment of the Jordan mortgage'. The check given by Turner to Jordan for this sum contains the notation “in.full,” and was drawn on the…