Legal Opinion

Northwestern Savings Bank v. International Bank

Missouri Court of Appeals

Decided November 5, 1901PublishedCited by 4 opinions

Appeal from St. Louis City Circuit Court. — Hon. Daniel D. Fisher, Judge. (1) There was no evidence to sustain the judgment, and upon the plaintiff’s own evidence defendant was entitled to judgment. (2) The court, admitted illegal and incompetent evidence for plaintiff in attempting to settle and adjust the rights between Walter, Lyons and Steinlage in an action between plaintiff and defendant without either of the men mentioned being made parties in this action.

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Appeal from St. Louis City Circuit Court. — Hon. Daniel D. Fisher, Judge. (1) There was no evidence to sustain the judgment, and upon the plaintiff’s own evidence defendant was entitled to judgment. (2) The court, admitted illegal and incompetent evidence for plaintiff in attempting to settle and adjust the rights between Walter, Lyons and Steinlage in an action between plaintiff and defendant without either of the men mentioned being made parties in this action. (3) There was no evidence tending to show that the check sued upon was ever delivered to payee Lyons, or accepted by him, or that…

1Opinion of the CourtGoode, J.

On the twenty-third day of December, 1899, respondent cashed for John G. Steinlage a cashier’s check for seven hundred and seventy-two dollars, drawn December 21, by appellant in favor of W. N. K. Lyons. This action was brought to recover on the check.

The principal defense is that Steinlage had no authority to indorse the name of the payee Lyons, but forged it. Much of the evidence is only relevant because explanatory of the circumstances out of which the controversy arose. Steinlage was interested in the Columbia Dairy Company, which was in a bad financial condition at the time mentioned.…

2Cases cited4 opinions

  1. Henry v. . AllenNew York Court of Appeals · 1896
  2. German American Bank v. Carondelet Real Estate Co.Supreme Court of Missouri · 1899
  3. Haven v. HobbsSupreme Court of Vermont · 1828
  4. Bettis v. BristolSupreme Court of Iowa · 1881

3Cited by4 opinions

  1. Brede Decorating, Inc. v. Jefferson Bank & Trust Co.Supreme Court of Missouri · 1961
  2. In Re State Bank of BrashearMissouri Court of Appeals · 1932
  3. Jolly v. HueblerMissouri Court of Appeals · 1908
  4. Massell v. Fourth National BankCourt of Appeals of Georgia · 1928

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