Talley v. State
Supreme Court of Arkansas
Appeal from Benton Circuit Court; J. S. Maples, Judge; • 1., Appellants were entitled to offset the amount of the warrants held ¡by the bank against any judgment rendered. Kirby’s Digest, § 6098 ; 32 Cyc. 231-2; 46 N. W. 210; 44 Minn, 61; 20 Am. St. Rep. 543; 25 Am. & Eng. Enc.
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Appeal from Benton Circuit Court; J. S. Maples, Judge; • 1., Appellants were entitled to offset the amount of the warrants held ¡by the bank against any judgment rendered. Kirby’s Digest, § 6098 ; 32 Cyc. 231-2; 46 N. W. 210; 44 Minn, 61; 20 Am. St. Rep. 543; 25 Am. & Eng. Enc. Law (2 ed.) 540; 59 N. Y. 533; 24 N. W. 602; 44 Pac. 362; 53 Pac. 187. The warrants were valid and both principal and sureties were being sued and the right of offset is clear. 39 Neb. 364; 23 L. R. A. 67; 9 Okla. 626; 60' Pac. 226; 52 Ark. 502; 81 Ky. 573; 98 Ark. 125. • 2. No interest should have been allowed from…
1Opinion of the CourtMcCulloch, C. J.
The Bank of Rogers, a domestic corporation doing business at Rogers, Benton County, Arkansas, received on deposit the funds of said county, including school district funds, as depositary of the county, pursuant to the terms of a special statute enacted in the year 1905, authorizing the county court of that and certain other counties to select a depositary, and said bank executed as stich depositary a bond with appellant Talley and others as sureties thereon, as provided by said statute. The Bank of Rogers failed and ceased to do business on July 16, 1914, having on deposit at that time the…
2Cases cited5 opinions
- Board of County Commissioners v. State BankSupreme Court of Minnesota · 1896
- Board of County Commissioners v. American Loan & Trust Co.Supreme Court of Minnesota · 1899
- Jones v. HarrisSupreme Court of Arkansas · 1909
- State ex rel. Independence County v. Citizens Bank & Trust Co.Supreme Court of Arkansas · 1915
- Hill v. MilesSupreme Court of Arkansas · 1907
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- Pace v. State Use Saline County.Supreme Court of Arkansas · 1934
- State Banking Board v. PilcherCourt of Appeals of Texas · 1923
- Farmers' State Bank v. Brazoria CountyCourt of Appeals of Texas · 1925
- Lloyds America v. El Paso-Hudspeth Counties Road Dist. of TexasCourt of Appeals of Texas · 1937
- School Districts Nos. 28 and 29 v. MassieSupreme Court of Arkansas · 1926
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