# Myers v. First State Bank

> Supreme Court of Arkansas · July 20, 1987 · 293 Ark. 82

URL: https://www.frixlaw.com/law-library/cases/7823653

## Case

- **Full name:** Johnnie MYERS v. FIRST STATE BANK OF SHERWOOD
- **Court:** Supreme Court of Arkansas
- **Decided:** July 20, 1987
- **Citations:** 293 Ark. 82; 732 S.W.2d 459; 4 U.C.C. Rep. Serv. 2d (West) 806; 1987 Ark. LEXIS 2210
- **Precedential status:** Published
- **Opinion:** Dissent by Newbern
- **Judges:** Glaze, Hays, Holt, Newbern, Purtle
- **Cited by:** 7 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/7823653

## Opinion text

David Newbern, Justice, dissenting. First State Bank lost its claim to collateral when it inexplicably dismissed with prejudice its claims against those in possession. It thus breached its duty to the surety. While we may try to classify this decision as ad hoc in the future, I believe the precedent will prove to be bad, therefore, I dissent.
Purtle, J., joins this dissent.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/7823653. Public record. Not legal advice.