St. Louis Charcoal Co. v. Lewis
Missouri Court of Appeals
Appeal from Miller Circuit Court — Son. William S. Martin, Judge. (1) Defendants, knowing that appellant had had no transaction of any kind with Reterie Drug Company, and that the officer of appellant did owe Peterie Drug Company four hundred sixty three dollars on his personal account, the act of Smith in issuing and delivering and .of defendants in accepting the check of appellant, which was afterwards cashed, in payment of the personal obligation of Smith to Peterie Drug…
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Appeal from Miller Circuit Court — Son. William S. Martin, Judge. (1) Defendants, knowing that appellant had had no transaction of any kind with Reterie Drug Company, and that the officer of appellant did owe Peterie Drug Company four hundred sixty three dollars on his personal account, the act of Smith in issuing and delivering and .of defendants in accepting the check of appellant, which was afterwards cashed, in payment of the personal obligation of Smith to Peterie Drug Company was notice to defendants' that Smith was misappropriating the funds of appellant, and was using such funds to…
1Opinion of the CourtEllison, J.
The plaintiff is a corporation in St. Louis, Missouri, apd its president was G. E. Smith, who by the by-laws of the corporation had authority to draw checks in its business. Smith, in his individual capacity, owed $463 to the Peterie Drug Company, a partnership doing business at Tuscumbia, Missouri, more than one hundred miles from St. Louis. Defendant Lewis is administrator of the drug company partnership estate. Smith drew a check in favor of defendant Lewis on the bank in St. Louis, where the plaintiff corporation did business, for the amount of his indebtedness and signed it “St. Louis…
2Cases cited4 opinions
- Rochester & Charlotte Turnpike Road Co. v. PaviourNew York Court of Appeals · 1900
- Lee v. SmithSupreme Court of Missouri · 1884
- Johnson v. Payne & Williams BankMissouri Court of Appeals · 1894
- Ihl v. Bank of Saint JosephMissouri Court of Appeals · 1887
3Cited by10 opinions
- St. Charles Savings Bank v. EdwardsSupreme Court of Missouri · 1912
- McCullam v. Third National BankMissouri Court of Appeals · 1921
- McCullam v. Buckingham Hotel Co.Missouri Court of Appeals · 1917
- Reynolds v. Title Guaranty Trust Co.Missouri Court of Appeals · 1916
- Reynolds v. Union Station BankMissouri Court of Appeals · 1918
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