First National Bank v. Lillard
Missouri Court of Appeals
Appeal from the Vernon Circuit Court. — Hon. D. P. Stratton, Judge. (1) Plaintiffs were not guilty of any negligence in accepting notes three and four, because the signatures of J. W. Lillard and Willis Hughes thereon were so like their genuine signatures that it was impossible to tell the difference. Because plaintiffs were not required to go out and ascertain the genuineness of signatures. Plaintiff is entitled to recover upon the note sued on.
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Appeal from the Vernon Circuit Court. — Hon. D. P. Stratton, Judge. (1) Plaintiffs were not guilty of any negligence in accepting notes three and four, because the signatures of J. W. Lillard and Willis Hughes thereon were so like their genuine signatures that it was impossible to tell the difference. Because plaintiffs were not required to go out and ascertain the genuineness of signatures. Plaintiff is entitled to recover upon the note sued on. White v. Middleioorth, 42 Mo. App. 368; AUbright v. Griffin, 78 Ind. 182; Hubbard v. Hart, 71 Iowa, 668; Kirby v. Landes, 54 Iowa, 150; MorJde v.…
1Opinion of the CourtEllison, J.
Under the theory upon which the parties tried this cause and the instructions of the court the verdict was for defendants. We have in the first instance examined the case from the standpoint of the theory upon which it was tried and have concluded that the judgment should be reversed and the cause remanded. That theory was based upon negligence in the plaintiff bank in taking the third note (the first forged note) in payment of the second genuine note and stamping the latter as paid. The whole negligence must, however, be based on the negligent acceptance of the forged note in payment of the…
2Cases cited2 opinions
- Driskell v. MateerSupreme Court of Missouri · 1861
- Triplet v. RandolphMissouri Court of Appeals · 1891
3Cited by4 opinions
- Bank of Neelyville v. LeeMissouri Court of Appeals · 1917
- Central Savings Bank v. DanckmeyerMissouri Court of Appeals · 1897
- Hogan v. KaiserMissouri Court of Appeals · 1905
- Lewis v. SmithMissouri Court of Appeals · 1914