Legal Opinion

Pelt v. Marlar

Supreme Court of Arkansas

Decided May 9, 1910PublishedCited by 2 opinions

Appeal from Nevada Circuit Court; Jacob M. Carter, Judge; The burden was on appellee to prove that the drawer was not injured by the delay in presenting the check. 2 Dan. Neg. Inst., § 1588; 44 R. R. A. 398. If the drawer is injured by inexcusable delay in presenting a check for payment, he is discharged from liability. 2 Dan. Neg.

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Appeal from Nevada Circuit Court; Jacob M. Carter, Judge; The burden was on appellee to prove that the drawer was not injured by the delay in presenting the check. 2 Dan. Neg. Inst., § 1588; 44 R. R. A. 398. If the drawer is injured by inexcusable delay in presenting a check for payment, he is discharged from liability. 2 Dan. Neg. Inst., § 1598; 44 R. R. A. 397; 4 R. R. A. (N. S.) 132; 21 Atl. 661. Appellee was, as a matter of law, guilty of negligence in sending the check through his agent to the drawee bank. 67 Ark. 243; 27 R. R. A. 248; 7 Biss. 162; Dan. Neg. Inst., §§ 328a and 1599.…

1Opinion of the CourtHart, J.

This action was commenced in a justice of the peace court by T. C. Marlar against J. D. Pelt. The justice rendered judgment for Marlar, and Pelt appealed to the circuit ■court, where the case was tried before the court sitting as a jury. Marlar again recovered judgment, and Pelt has appealed to this court.

The action was brought on a check of which the following is a copy:

“$100.00 New Rewisville, Arkansas.
“January 14, 1909.
“Merchants & Farmers’ Bank:
“Pay to T. C. Marlar tine hundred dollars.
“No. 15. “J. D. Pelt.’’

The testimony is practically undisputed, and is substantially as follows:…

2Cases cited1 opinion

  1. Burns v. YocumSupreme Court of Arkansas · 1906

3Cited by2 opinions

  1. Bd. of Dir. of St. Francis Levee Dist. v. HaganSupreme Court of Arkansas · 1929
  2. Parker v. GrauSupreme Court of Arkansas · 1934

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