Lacks v. Butler County Bank
Supreme Court of Missouri
Appeal from Butler Circuit Court. — No». J. L. Fort, Judge. (1) The court should have entered its decree cancelling the note, deed of trust and chattel mortgage as the evidence clearly shows the same to have been obtained by reason of the threatened criminal prosecution by the directors and officials of respondent bank, of William E. Lacks, on the charge that he had embezzled the one thousand dollars which was stolen on the morning of the 10th day of July, 1902, by the negro…
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Appeal from Butler Circuit Court. — No». J. L. Fort, Judge. (1) The court should have entered its decree cancelling the note, deed of trust and chattel mortgage as the evidence clearly shows the same to have been obtained by reason of the threatened criminal prosecution by the directors and officials of respondent bank, of William E. Lacks, on the charge that he had embezzled the one thousand dollars which was stolen on the morning of the 10th day of July, 1902, by the negro janitor, from respondent bank. Hensinger v. Dyer, 147 Mo. 226; Bell v. Campbell, 123 Mo. 16; Earle v. Norfolk, etc., 36…
1Opinion of the CourtGraves, J.
Plaintiffs brought suit in the circuit court of Butler county, to cancel a promissory note for three thousand dollars, as well as a deed of trust and chattel mortgage given to secure the same, on the ground that they were procured by duress. From a decree dismissing their bill, they appealed.
Defendant Butler County Bank is a banking corporation under the laws of this State. Defendant Henry Turner is the trustee in the deed of trust and chattel mortgage, and defendant William Ferguson the beneficiary therein, but as trustee for the defendant bank, as stated in the petition. Plaintiff Katie…
2Cases cited1 opinion
- Waddington v. LaneSupreme Court of Missouri · 1907
3Cited by7 opinions
- Wood v. Kansas City Home Telephone Co.Supreme Court of Missouri · 1909
- Canty v. HalpinSupreme Court of Missouri · 1922
- Mitchell v. Newton County BankMissouri Court of Appeals · 1926
- Plummer v. KnightMissouri Court of Appeals · 1911
- Swoboda v. NowakMissouri Court of Appeals · 1923
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