Muench v. Valley National Bank
Missouri Court of Appeals
Error to the St. Louis Circuit Court, Adams, J. The agreed statement of facts containing all the evidence in this case (subject to any objections by either party), in no wise sustains the averments in defendant’s answer; there was an absolute failure of proof on its part, and hence the judgment of the court was erroneous. — Rev. Stats., sect. 3702; Beck v. Ferrara, 19 Mo. 30; Ensworth v. Barton, 60 Mo. 511; Hubbard v. Railroad Co., 63 Mo. 70. Aside from the forms of…
Read the full summary
Error to the St. Louis Circuit Court, Adams, J. The agreed statement of facts containing all the evidence in this case (subject to any objections by either party), in no wise sustains the averments in defendant’s answer; there was an absolute failure of proof on its part, and hence the judgment of the court was erroneous. — Rev. Stats., sect. 3702; Beck v. Ferrara, 19 Mo. 30; Ensworth v. Barton, 60 Mo. 511; Hubbard v. Railroad Co., 63 Mo. 70. Aside from the forms of pleading, the proof itself does not-show any “ banker’s lien ” in behalf of defendant. The intent on the one side to demand, and…
1Opinion of the Court
Bakewell, J ,
delivered the opinion of the court.
This is an action for the conversion of certain notes and acceptances delivered by one Jacob, plaintiff’s assignor, to the defendant as his agent for collection, to the plaintiff’s damage $475. The finding and judgment were for defendant.
Defendant denies in its answer that it received these notes for collection as agent of plaintiff’s assignor, or agreed to collect them as his agent.
The defendant admits that the said notes were delivered to it by said Jacob, but that they were so delivered under an arrangement that they should be collected and…
2Cases cited1 opinion
- Commercial Bank v. HughesNew York Supreme Court · 1837
3Cited by20 opinions
- Van Winkle Gin & MacHinery Co. v. Citizens' Bank of BuffaloTexas Supreme Court · 1896
- Rigby Corp. v. Boatmen's Bank and Trust Co.Missouri Court of Appeals · 1986
- Hodgin v. Peoples' National BankSupreme Court of North Carolina · 1899
- Langdon v. KleemanSupreme Court of Missouri · 1919
- First National Bank v. City National BankMissouri Court of Appeals · 1903
15 more not listed; retrieve them via the Exa API.