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FIRST NATIONAL BANK OF MAGNOLIA v. RUSHTON

No. 5-5587.

472 S.W.2d 945 (1971)

FIRST NATIONAL BANK OF MAGNOLIA, Appellant, v. Joe F. RUSHTON, Appellee.

Supreme Court of Arkansas.

Supplemental Opinion on Denial of Rehearing November 8, 1971.

Attorney(s) appearing for the Case

Wootton, Land & Matthews, Hot Springs, for appellant.

Harry B. Colay, Chambers & Chambers, Magnolia, Warren & Bullion, Little Rock, for appellee.

GEORGE ROSE SMITH, Justice.

This suit was brought by the appellee, Dr. Joe F. Rushton, to impose liability upon the First National Bank of Magnolia for a number of obligations that Dr. Rushton had incurred in connection with Numark Manufacturing Company, a concern which was declared bankrupt in 1965. It was Dr. Rushton's theory that he had acted merely as trustee for the bank in incurring the obligations and that the bank was under a duty to reimburse him for the...

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