Southern Sand & Material Co. v. People's Savings Bank & Trust Co.
Supreme Court of Arkansas
Appeal from Pulaski Circuit Court, Second Division; F. Guy Fulk, Judge; STATEMENT BY THE COURT. Plaintiff (appellee) brought suit against the defendant, alleging it was indebted to it in the sum of $530.21, with interest upon a check, as follows: “Helena, Ark., July 13, 1910. No. 2. “The Southern Trust Company, of Little Rock, Ark. “Pay to Helena Ship Yard and D. D. Co. or bearer ($530.21) five hundred and thirty and 21-100 dollars. “Sou. Sand & Matl.
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Appeal from Pulaski Circuit Court, Second Division; F. Guy Fulk, Judge; STATEMENT BY THE COURT. Plaintiff (appellee) brought suit against the defendant, alleging it was indebted to it in the sum of $530.21, with interest upon a check, as follows: “Helena, Ark., July 13, 1910. No. 2. “The Southern Trust Company, of Little Rock, Ark. “Pay to Helena Ship Yard and D. D. Co. or bearer ($530.21) five hundred and thirty and 21-100 dollars. “Sou. Sand & Matl. Co. “By Mord Roberts, Prest.” (Indorsed on reverse side) “Helena Ship Yd. & D. D. Co.” That the check was transferred by the indorser, Helena…
1Opinion of the Court
Kirby, J.,
(after stating the facts.) The evidence on the part of the appellant is not sufficient to show that the check was tainted in its inception with illegality or fraud, or obtained from the maker by duress. Its president stated that the account for the claim was submitted to him and examined by himself and his inspector for some days before the check was finally given. That, while he regarded it an injustice, he gave the check for the amount claimed to be due by the Dry Dock Company, on completion of the vessel, in order to have same released and turned over to him, saying: “I wrote…
2Cases cited1 opinion
- Cragie v. . HadleyNew York Court of Appeals · 1885
3Cited by7 opinions
- Citizens Bank, Booneville, Arkansas v. National Bank of Commerce, Tulsa, OklahomaCourt of Appeals for the Tenth Circuit · 1964
- Cox Wholesale Grocery Co. v. National BankSupreme Court of Arkansas · 1913
- Bank of Monette v. HaleSupreme Court of Arkansas · 1912
- Harbison v. HammonsSupreme Court of Arkansas · 1914
- Sanders v. W. B. Worthen Co.Supreme Court of Arkansas · 1916
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