Cross v. State Bank
Supreme Court of Arkansas
This was an action of debt, determined in the Pulaski circuit court in May, 1844, before the Hon. John J. Clendenin, one of the circuit judges. The Bank of the State sued Asa Thompson, Edward Cross, and Wm. H. Bizzell.
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This was an action of debt, determined in the Pulaski circuit court in May, 1844, before the Hon. John J. Clendenin, one of the circuit judges. The Bank of the State sued Asa Thompson, Edward Cross, and Wm. H. Bizzell. The declaration contained one count on a joint and several bond, dated 7th May, 1840, in which Thompson, as principal, and the other defendants as securities, promised to pay the plaintiff $1,900, one hundred and twenty-five days after date, negotiable and payable at the principal hank at Little Rock, without defalcation for value received. Bizzell filed a general plea of non…
1Opinion of the Court
By the Court,
Sebastian, J.
The question to be decided here is, whether a paper signed and sealed with blanks, and filled up without, or in violation of authority, from the defendants, in a material point, can be considered as their deed? Whether it was filled up and delivered by Thompson, one of the joint obligees, or by an agent and clerk of the bank, makes no difference in principle under the view 'which is here taken. Were it the case of a promissory note or bill of exchange, there would be no difficulty, and the question would be of easy solution. The rule is well established that the…
2Cases cited1 opinion
- Lockart v. RobertsCourt of Appeals of Kentucky · 1814
3Cited by1 opinion
- Lockwood v. BassettMichigan Supreme Court · 1883