Coffey v. National Bank of Missouri
Supreme Court of Missouri
Appeal from St. Louis Circuit Court. I. The defendant, being only a gratuitous bailee without hire or reward, was bound only for ordinary care, and liable only in case of gross negligence. (Sto. on Bail., § 63 ; Jones on Bail. 48 ; 2 Kent. 567 ; Foster v. Essex Bank, 17 Mass. 479 ; McLean v. Rutherford, 8 Mo. 109.) II. There was no evidence tending to show that defendant ever did any business under the name of the Bank of the State of Missouri.
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Appeal from St. Louis Circuit Court. I. The defendant, being only a gratuitous bailee without hire or reward, was bound only for ordinary care, and liable only in case of gross negligence. (Sto. on Bail., § 63 ; Jones on Bail. 48 ; 2 Kent. 567 ; Foster v. Essex Bank, 17 Mass. 479 ; McLean v. Rutherford, 8 Mo. 109.) II. There was no evidence tending to show that defendant ever did any business under the name of the Bank of the State of Missouri. On the contrary, the evidence shows that the defendant had no corporate existence prior to October, 1866. III. The defendant was bound to exercise…
1Opinion of the CourtCtJRRlGR, Judge
The plaintiff sues in trover to recover the value of a special deposit originally made with the Bank of the State of Missouri, March 20, 1865, consisting of $90.95 in silver and $1,415 in gold coin. It is alleged that the .defendants, July 1, 1867, converted the deposit to their own use, the bank at that time having taken its present name and become organized as a national institution. The answer denies both the fact of the deposit and of the alleged conversion, but admits that certain packages were deposited, and avers that they were duly returned to the plaintiff.
At the trial, the plaintiff…
2Cases cited2 opinions
- Grocers' National Bank v. ClarkNew York Supreme Court · 1866
- Bank of State v. BurtonIndiana Supreme Court · 1867
3Cited by13 opinions
- Austin v. Tecumseh National BankNebraska Supreme Court · 1896
- Miles v. Bank of America National Trust & Savings Ass'nCalifornia Court of Appeal · 1936
- Commonwealth-Atlantic National BankMassachusetts Supreme Judicial Court · 1924
- Barreiro v. Bank of Italy National Trust & Savings Ass'nCalifornia Court of Appeal · 1932
- Jewett City Savings Bank v. Board of EqualizationSupreme Court of Connecticut · 1933
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