American Exchange National Bank v. Metropolitan National Bank
Missouri Court of Appeals
Appeal from the Jackson Circuit Court. — Hon. J. W. Henry, Judge. (1) The law is well settled that, where a bank in this state receives for collection a check or draft, payable in another state, and uses due diligence in forwarding it to a proper correspondent at the place where the paper is made payable, with proper instructions for collection, its responsibility is at an end, and, in case of default by its correspondent, it can not be held liable-to the owner, unless by…
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Appeal from the Jackson Circuit Court. — Hon. J. W. Henry, Judge. (1) The law is well settled that, where a bank in this state receives for collection a check or draft, payable in another state, and uses due diligence in forwarding it to a proper correspondent at the place where the paper is made payable, with proper instructions for collection, its responsibility is at an end, and, in case of default by its correspondent, it can not be held liable-to the owner, unless by some after act it makes itself responsible. Daly v. Bank, 56 Mo. 94-, and authorities therein cited; Indig v. Bank, 80 N.…
1Opinion of the CourtEllison, J.
Plaintiff and defendant are national banks, plaintiff doing business at Lincoln, Nebraska, and defendant at Kansas City, Missouri. On June 5, 1893, one M. Aach, who was doing business at Burr Oak, Kansas, for one M. Weil, drew a check in favor of Weil on the bank of Burr Oak for $700, and mailed it to Weil at Lincoln, Nebraska. At this time, and during the period covered by the controversy, Weil had more than the amount of the check to his credit with the bank of Burr Oak. Weil received the check at .Lincoln and deposited it with the plaintiff on June 7, and it was placed to Weil’s credit;…
2Cases cited6 opinions
- Saint Nicholas Bank v. State National BankNew York Court of Appeals · 1891
- Drovers' National Bank v. Anglo-American Packing & Provision Co.Illinois Supreme Court · 1886
- Anderson v. RodgersSupreme Court of Kansas · 1894
- Daly v. Butchers' & Drovers' BankSupreme Court of Missouri · 1874
- German Nat. Bank v. BurnsSupreme Court of Colorado · 1889
1 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Pinkney v. Kanawha Valley BankWest Virginia Supreme Court · 1910
- Winchester Milling Co. v. Bank of WinchesterTennessee Supreme Court · 1907
- Farm and Home Savings and Loan Assn. v. StubbsMissouri Court of Appeals · 1936
- Bank v. FloydSupreme Court of North Carolina · 1906
- Lawson v. Bank of BladenboroSupreme Court of North Carolina · 1932
8 more not listed; retrieve them via the Exa API.