Gate City Building & Loan Ass'n v. National Bank of Commerce
Supreme Court of Missouri
Appeal from Jackson Circuit Court. — Hon. J. W. Henby, Judge. (1) If defendant claims any benefit from the fact tli at plaintiff’s by-laws gave its secretary power to receive money, still the same by-laws required him to pay it to the treasurer. Defendant, however, can not claim the benefit of any by-law unless it shows that it had knowledge of such by-law, and relied thereon in its dealings with secretary Harris.
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Appeal from Jackson Circuit Court. — Hon. J. W. Henby, Judge. (1) If defendant claims any benefit from the fact tli at plaintiff’s by-laws gave its secretary power to receive money, still the same by-laws required him to pay it to the treasurer. Defendant, however, can not claim the benefit of any by-law unless it shows that it had knowledge of such by-law, and relied thereon in its dealings with secretary Harris. This is not claimed, and the evidence is absolutely silent on any knowledge of defendant of plaintiff’s by-laws. Flint v. Fierce, 99 Mass. 70. (2) If this be not the rule, but on…
1Opinion of the CourtBrace, J.
— This is an appeal from a judgment in favor of the defendant in the Jackson county circuit court.
The plaintiff is a building and loan association organized under the laws of this state, of which, at the time of the transaction in question, E. E. Richardson was president, Benjamin Holmes, treasurer, and George L. Harris, secretary. In June, 1887, the association made a loan to Richardson of $4,000 evidenced by- his bond, and secured by a deed of trust on some property in Kansas City. In June, 1888, Richardson concluded to pay off this loan, and made an arrangement with Judge Brumback for that…
2Cases cited3 opinions
- Oddie v. . the Nat. City Bank of New YorkNew York Court of Appeals · 1871
- Benton v. German-American National BankSupreme Court of Missouri · 1894
- Famous Shoe & Clothing Co. v. CrosswhiteSupreme Court of Missouri · 1894
3Cited by19 opinions
- Quanah, Acme & Pacific Railway Co. v. Wichita State Bank & Trust Co.Texas Supreme Court · 1936
- Callaway v. Hamilton Nat. Bank of WashingtonCourt of Appeals for the D.C. Circuit · 1952
- Rodgers v. Bankers National BankSupreme Court of Minnesota · 1930
- Brede Decorating, Inc. v. Jefferson Bank & Trust Co.Supreme Court of Missouri · 1961
- Cassel v. Mercantile Trust CompanySupreme Court of Missouri · 1965
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