Bank of Missouri v. Benoist & Hackney
Supreme Court of Missouri
ERROR to St. Louis Common Pleas. 1. The court below erred in overruling defendants’ motion to exclude the deposition of A. P. McCready. Nightingal vs. Duisme. 5 J. Bur., 2594; Perkins, adm’r. vs. Dunlap, 5 GreenleaUs K., 268; 1 Chit. PI., 384, and notes x and y; 1 East, 1; 2 W. Blk. Rep., 684. 2. The court below ought to have given the first instruction prayed by defendants’ counsel, and committed error in refusing it.
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ERROR to St. Louis Common Pleas. 1. The court below erred in overruling defendants’ motion to exclude the deposition of A. P. McCready. Nightingal vs. Duisme. 5 J. Bur., 2594; Perkins, adm’r. vs. Dunlap, 5 GreenleaUs K., 268; 1 Chit. PI., 384, and notes x and y; 1 East, 1; 2 W. Blk. Rep., 684. 2. The court below ought to have given the first instruction prayed by defendants’ counsel, and committed error in refusing it. In this instruction, the court is merely asked to tell the jury 1hat the plaintiffs must prove that the defendant was indebted to them, as they had charged in their declaration…
1Opinion of the CourtScott, J.
This was an action of assumpsit on the common counts, brought by Benoist & Hackney against the Bank, for money deposited. Pleas, nonassumpsit, set-off on the general counts, and payment. On the trial, the plaintiff obtained a verdict and judgment.
Benoist and Hackney deposited in the Bank of Missouri depreciated bank notes, called, in the language of those days, “currency.” There were dealings to a large amount between the defendants in error and the Bank. The accounts were kept in currency, and currency consisted of *522bank notes which were current, yet from 3 to 5 per cent, less in value than…
2Cases cited7 opinions
- Farley v. ClevelandNew York Supreme Court · 1825
- Arnold v. LymanMassachusetts Supreme Judicial Court · 1821
- Corbin v. CommonwealthCourt of Appeals of Kentucky · 1859
- Felton v. DickinsonMassachusetts Supreme Judicial Court · 1813
- Schemerhorn v. VanderheydenNew York Supreme Court · 1806
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3Cited by12 opinions
- Rogers v. GosnellSupreme Court of Missouri · 1873
- Stephens v. Great Southern Savings & Loan Ass'nMissouri Court of Appeals · 1967
- Fitzgerald v. BarkerSupreme Court of Missouri · 1879
- Meyer v. LowellSupreme Court of Missouri · 1869
- State v. St. Louis & San Francisco Railway Co.Supreme Court of Missouri · 1894
7 more not listed; retrieve them via the Exa API.