Millikin v. Shapleigh
Supreme Court of Missouri
Error to St. Louis Circuit Court. The following instructions asked by the plaintiffs were refused: 1. If the jury find from the evidence that the plaintiffs were the owners of the acceptances in question, and endorsed and delivered them to Josiah Lee & Co., bankers in Baltimore for collection, for the plaintiffs’ use, and that Josiah Lee & Co. transmitted said acceptances to the defendants for collection, and that defendants knew that Josiah Lee & Co. were not the owners of…
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Error to St. Louis Circuit Court. The following instructions asked by the plaintiffs were refused: 1. If the jury find from the evidence that the plaintiffs were the owners of the acceptances in question, and endorsed and delivered them to Josiah Lee & Co., bankers in Baltimore for collection, for the plaintiffs’ use, and that Josiah Lee & Co. transmitted said acceptances to the defendants for collection, and that defendants knew that Josiah Lee & Co. were not the owners of said acceptances, but were agents of the plaintiffs, then the jury shall find for the plaintiffs. 2. If the jury find…
1Opinion of the CourtHolmes, Judge
The plaintiffs endorsed and deposited two drafts with Josiah Lee & Co., bankers at Baltimore, for collection, who endorsed and sent them to the State Savings Association of St. Louis *599for collection, as their agent. The last endorsements were expressed to be “for collection,” but the defendants (who were trustees of the association) had no actual knowledge, at the time when they were received, that the plaintiffs were the owners of the drafts. The drafts were paid when due, the one on the 27th day of October and the other on the 1st day of November, 1860, and on the 29th day of October…
2Cases cited1 opinion
- Rathbone v. SandersIndiana Supreme Court · 1857
3Cited by8 opinions
- Daly v. Butchers' & Drovers' BankSupreme Court of Missouri · 1874
- Garrison v. Union Trust Co.Michigan Supreme Court · 1905
- Winfield National Bank v. McWilliamsSupreme Court of Oklahoma · 1900
- First National Bank v. SpragueNebraska Supreme Court · 1892
- Carroll v. BankWest Virginia Supreme Court · 1887
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