Johnson v. Payne & Williams Bank
Missouri Court of Appeals
Appeal from the Howard Circuit Court, — Hon. John A. Hockaday, Judge. Now we contend that under the pleading in this case the only question presented for the court to pass upon is whether or not, the new matter set up in the defendants’ answer amounts to a complete defense to the suit; if it does, then the court erred in refusing defendant’s instructions numbers 2 and 3, and in giving plaintiff’s instructions numbers 1 and 2. We do not pretend to hold that a bank has the.…
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Appeal from the Howard Circuit Court, — Hon. John A. Hockaday, Judge. Now we contend that under the pleading in this case the only question presented for the court to pass upon is whether or not, the new matter set up in the defendants’ answer amounts to a complete defense to the suit; if it does, then the court erred in refusing defendant’s instructions numbers 2 and 3, and in giving plaintiff’s instructions numbers 1 and 2. We do not pretend to hold that a bank has the. right, where depositor’s account is in a fiduciary capacity, upon its own motion, to charge off an individual indebtedness…
1Opinion of the CourtSmith, P. J.
— The salient facts of this case as disclosed by the record, are that one Settle who was guardian of his¿ minor children, was removed by the probate court and the plaintiff was appointed in his stead.
While he was acting as guardian, and between the twentieth of May, 1889, and the thirteenth of August, 1890, he deposited to his credit in the defendant bank, a corporation, the sum of $1,868.05. That in September, 1889, he borrowed of defendant bank $200, for which he gave his note; that in August, 1890, the payment of the note being demanded, he agreed with the defendant bank that when the…
2Cases cited8 opinions
- Smith v. AyerSupreme Court of the United States · 1880
- Union Stock Yards Bank v. GillespieSupreme Court of the United States · 1890
- Thomasson v. BrownIndiana Supreme Court · 1873
- Gott v. Adams Express Co.Massachusetts Supreme Judicial Court · 1868
- Payne v. First National BankMissouri Court of Appeals · 1891
3 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Horigan Realty Co. v. First National BankMissouri Court of Appeals · 1925
- Porterfield v. Farmers Exchange Bank of GallatinSupreme Court of Missouri · 1931
- Fidelity Deposit Co. of Maryland v. RankinSupreme Court of Oklahoma · 1912
- Western Casualty & Surety Co. v. First State Bank of Bonne TerreMissouri Court of Appeals · 1965
- Clark v. First National BankMissouri Court of Appeals · 1894
8 more not listed; retrieve them via the Exa API.