O'Grady v. Stotts City Bank
Missouri Court of Appeals
Appeal from Lawrence Circuit Court. — Hon. H. C. Pepper, Judge. (1) The court erred in admitting in evidence the check of M. & B. Mining to Ed Hill for $372.94, and the guaranty thereof of plaintiff and Fuller indorsed thereon. (2) The relation between the defendant bank and plaintiff was that of debtor and creditor, with the added condition that plaintiff had the right to draw out sums at his liking. State v. Reid, 125 Mo. 51; Quattrochi Bros. v. Bank, 89 Mo.
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Appeal from Lawrence Circuit Court. — Hon. H. C. Pepper, Judge. (1) The court erred in admitting in evidence the check of M. & B. Mining to Ed Hill for $372.94, and the guaranty thereof of plaintiff and Fuller indorsed thereon. (2) The relation between the defendant bank and plaintiff was that of debtor and creditor, with the added condition that plaintiff had the right to draw out sums at his liking. State v. Reid, 125 Mo. 51; Quattrochi Bros. v. Bank, 89 Mo. App. 508; McKeen v. Bank, 74 Mo. App. 287; Coleman v. Lipscomb, 18 Mo. App.' 448. (3) The transaction between the bank and Hill was…
1Opinion of the CourtBland, P. J.
The suit is to recover damages for the refusal of the defendant hank to pay plaintiff’s check, dated May 26,1902, drawn on it in favor of C. E. Fuller for the sum. of ten dollars. It is admitted that the defendant refused to honor or pay the check. Its excuse for refusing to pay the check is that the plaintiff had no funds in the bank with which to pay it when it was presented May 31, 1902. The evidence shows that on the day the check was dated, plaintiff had on deposit to his credit with the defendant bank $248.94. That on the thirteenth day of May, 1902, the M. B. Mining Company drew its…
2Cases cited8 opinions
- Patterson v. Marine N. BankSupreme Court of Pennsylvania · 1889
- National Mahaiwe Bank v. PeckMassachusetts Supreme Judicial Court · 1879
- Schaffner v. EhrmanIllinois Supreme Court · 1891
- Second Nat'l Bank v. HillIndiana Supreme Court · 1881
- Viets v. . Union National Bank of TroyNew York Court of Appeals · 1886
3 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Adelstein v. Jefferson Bank and Trust CompanySupreme Court of Missouri · 1964
- Johnson v. Farmers BankMissouri Court of Appeals · 1928
- Waggoner v. Bank of BernieMissouri Court of Appeals · 1926
- Hiatt v. Miller BankMissouri Court of Appeals · 1931
- Gupton v. CarrMissouri Court of Appeals · 1910
1 more not listed; retrieve them via the Exa API.