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WILDMAN STORES v. CARLISLE DIST. CO.

May 1, 1985

WILDMAN STORES, INC.
V.
CARLISLE DISTRIBUTING CO., INC., AND DIANE CARLISLE, PERSONAL REPRESENTATIVE OF THE ESTATE OF JOHN CARLISLE



Appeal from Pulaski Circuit Court, Second Division; Perry V. Whitmore, Judge; reversed and remanded.

SYLLABUS BY THE COURT

1. BILLS & NOTES - CHECKS - NEGOTIABILITY - PASSAGE OF TIME. - A check does not lose its negotiability through the mere passage of time.

2. BILLS & NOTES - CHECKS - NONNEGOTIABILITY - DRAWER'S DISCHARGE. - Even if the check was nonnegotiable, that fact alone would not discharge the appellee from liability as the drawer of the check.

3. BILLS & NOTES - CHECKS - DRAWER LIABILITY. - The drawer of a dishonored check remains secondarily liable on a check until the statute of limitations runs or until its liability is otherwise discharged.

4. LIMITATION OF ACTIONS - INSTRUMENT NOT UNDER SEAL. - The statute of limitations on instruments not under seal is five years under Ark. Stat. Ann. 37-209 (Repl. 1962).]

5. BILLS & NOTES - CHECKS - DELAYED PRESENTMENT. - When presentment is delayed beyond the time it is due, the drawer of an instrument is discharged only if the conditions provided for in Ark. Stat. Ann. 85-3-502(1)(b) (Add. 1961) are present.

6. BILLS & NOTES - CHECKS - DRAWER NOT DISCHARGED JUST BECAUSE CHECK IS STALE. - Ark. Stat. Ann. 85-3-503(2)(a) and 85-3-601(1)(i) should not be read together so as to discharge the drawer of a check merely because it was stale.

7. APPEAL & ERROR - APPEALS FROM CIRCUIT COURT - APPELLATE COURT CANNOT ACT AS FACTFINDER. - The appellate court cannot act as a factfinder ...


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