Legal Opinion

Herider v. Phoenix Loan Ass'n

Missouri Court of Appeals

Decided January 8, 1900PublishedCited by 3 opinions

Appeal from the Saline Circuit Court. — Eon. Richard Field,, Judge. (1) A check is designed for immediate payment. St. John v. Homans, 8 Mo. 382. The law does not permit any extension of the risk of the drawer by a series of transfers. Tiedeman on Com. Paper, see. 443. It was the duty of the St. Joseph bank to send the paper to the place where the drawee bank was located for presentment. Dan. on Neg. Inst. [4 Ed.], sec. 15-92; Tiedeman on Com.

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Appeal from the Saline Circuit Court. — Eon. Richard Field,, Judge. (1) A check is designed for immediate payment. St. John v. Homans, 8 Mo. 382. The law does not permit any extension of the risk of the drawer by a series of transfers. Tiedeman on Com. Paper, see. 443. It was the duty of the St. Joseph bank to send the paper to the place where the drawee bank was located for presentment. Dan. on Neg. Inst. [4 Ed.], sec. 15-92; Tiedeman on Com. Paper, sec. 443; Boone on Banking, sec. 173. (2) Where the holder of a check has knowledge of the failing condition of the drawee bank, it becomes its…

1Opinion of the CourtEllison, J.

The plaintiffs reside and do business at Slater, Missouri, while defendant is a corporation doing busi*430ness at St. Joseph, Missouri. Plaintiffs were agents for defendant at Slater, and claiming the sum of $174.93 as due them, they sued defendant for that amount. The judgment in the circuit court was for defendant.

The reason defendant refused to pay plaintiffs the sum stated is that it claim plaintiffs owe it the same amount. Plaintiffs claim they paid defendant that amount by check on the Slater Savings Bank, a banking institution doing business at Slater. Defendant claims that such check was…

2Cases cited5 opinions

  1. Daly v. Butchers' & Drovers' BankSupreme Court of Missouri · 1874
  2. Morrison v. McCartneySupreme Court of Missouri · 1860
  3. American Exchange National Bank v. Metropolitan National BankMissouri Court of Appeals · 1897
  4. Selby v. McCulloughMissouri Court of Appeals · 1887
  5. First National Bank v. Buckhannon BankCourt of Appeals of Maryland · 1895

3Cited by3 opinions

  1. Dille v. WhiteSupreme Court of Iowa · 1906
  2. Maronde v. VollenweiderMissouri Court of Appeals · 1926
  3. First National Bank v. WineAppellate Court of Illinois · 1930

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