Legal Opinion

Mudd v. Farmers' & Merchants' Bank

Missouri Court of Appeals

Decided January 5, 1914PublishedCited by 5 opinions

Appeal from Randolph Circuit Court. — Hon. A. H. Waller, Judge.

1Opinion of the CourtTrimble, J.

On February '3, 1911, plaintiff, claiming to have $960 on deposit with the defendant bank, presented his cheek for that amount and payment was refused on the ground that he had no funds on deposit therein. This suit was thereupon instituted to recover said amount with interest at six per cent from date of demand. Issue was joined and, after a trial, the jury returned a verdict for plaintiff. The court granted defendant a new trial and from this order plaintiff has appealed.

The petition alleged, in substance, that on January 30, 1911, A. A. Wiseman executed and delivered to plaintiff a check…

2Cases cited5 opinions

  1. Ayres v. Farmers & Merchants BankSupreme Court of Missouri · 1883
  2. Kavanaugh v. Farmers' Bank of MaitlandMissouri Court of Appeals · 1894
  3. Bullene v. CoatesSupreme Court of Missouri · 1883
  4. Pollack v. National Bank of CommerceMissouri Court of Appeals · 1912
  5. Burns v. Kahn & FurstMissouri Court of Appeals · 1891

3Cited by5 opinions

  1. American National Bank v. KerleyOregon Supreme Court · 1923
  2. Adams County v. Meadows Valley BankIdaho Supreme Court · 1929
  3. Robertson v. Central Manufacturers' Mutual InsuranceMissouri Court of Appeals · 1947
  4. Cottondale Planting Co. v. Diehlstadt BankMissouri Court of Appeals · 1926
  5. Taylor v. HolmesSupreme Court of Arkansas · 1932

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