Bank of Mountain View v. McMinds and Stevenson
Missouri Court of Appeals
Appeal from the Circuit Court of Greene County. — Hon. Guy D. Kirby, Judge. (1) The cashier was without power, by virtue of his office, and it is upon that alone that the claim of defendants that they were released is based, to make any such an agreement. Neither express authority nor ratification appears here. In fact, the contrary appears from the testimony of defendant, Stevenson, who was at the time a member of the board of directors of plaintiff, Bank of Mountain View.
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Appeal from the Circuit Court of Greene County. — Hon. Guy D. Kirby, Judge. (1) The cashier was without power, by virtue of his office, and it is upon that alone that the claim of defendants that they were released is based, to make any such an agreement. Neither express authority nor ratification appears here. In fact, the contrary appears from the testimony of defendant, Stevenson, who was at the time a member of the board of directors of plaintiff, Bank of Mountain View. Hodiamont Bank v. Franklin, 215 S. W. 503, and authorities therein cited; Bank of Dexter v. Simons et al., 204 S. W.…
1Opinion of the CourtBradley, J.
Plaintiff filed its petition in two counts on two promissory notes, one dated March 17, 1917, for $500, signed by defendants and one Frank J. McGrath, and one for $300, date not given in the record, and signed by defendants and Mrs. Celia MeMinds. After the evidence was in, the court directed a verdict for plaintiff, and defendants failing to get a new trial appealed.
The petition is in the usual form. The answer pleads a settlement and discharge of the notes. MeMinds, the principal debtor, sets up as a defense that in May, 1918, after the maturity of the notes he entered into an agreement…
2Cases cited5 opinions
- Citizens Bank of Senath v. DouglassMissouri Court of Appeals · 1913
- People's Saving Bank v. HughesMissouri Court of Appeals · 1895
- Daviess County Savings Ass'n v. SailorSupreme Court of Missouri · 1876
- Bank of Neelyville v. LeeMissouri Court of Appeals · 1917
- Talbert v. GristMissouri Court of Appeals · 1918
3Cited by1 opinion
- Bank of Amsterdam v. WelliverMissouri Court of Appeals · 1923