Bank of Slater v. Union Station Bank
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. — Hon. Karl Kimmel, Judge. (1) Upon the case made, the plaintiff was not entitled to recover and the trial court erred in not giving the instruction to find for the defendant. (2) The circuit court erred in refusing to admit evidence of the agreement between the defendant bank and I. W. Avitt, under which the loan of eight thousand dollars was made.
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Appeal from St. Louis City Circuit Court. — Hon. Karl Kimmel, Judge. (1) Upon the case made, the plaintiff was not entitled to recover and the trial court erred in not giving the instruction to find for the defendant. (2) The circuit court erred in refusing to admit evidence of the agreement between the defendant bank and I. W. Avitt, under which the loan of eight thousand dollars was made. The whole of the contract between Avitt and the defendant bank, which was partly represented by the deposit slip and partly by 'the note Avitt gave to the defendant bank, did not express the whole…
1Opinion of the Court
WILLIAMSON, J.-
This is a suit on the part cf the Bank of Slater, as assignee of the Farmers’ & Merchants ’ Bank of Slater, Missouri (hereinafter called the Farmers’ Bank), against the Unicin Station Bank, to recover a deposit of $7569.43 claimed by plaintiff to have been due to the Farmers’ Bank from the Union Station Bank. The assignment was dated July 1, 1913, and plaintiff demanded payment on July 5, 1913. Defendant refused to pay. The petition, .in substance, set up the facts above stated.
The defense was a general denial, coupled with allegations to the effect that on or about September…
2Cases cited12 opinions
- Ritter v. Mutual Life Ins. Co. of NYSupreme Court of the United States · 1898
- Hurd v. . KellyNew York Court of Appeals · 1879
- Pauly v. O'BrienU.S. Circuit Court for the District of Southern California · 1895
- Lyons v. BenneySupreme Court of Pennsylvania · 1911
- State Bank v. KirkSupreme Court of Pennsylvania · 1907
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3Cited by9 opinions
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- Twin City Federal Savings & Loan Association v. Transamerica Insurance CompanyCourt of Appeals for the Eighth Circuit · 1969
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