Burrton State Bank v. Pease-Moore Milling Co.
Missouri Court of Appeals
Appeal from Howell Circuit Court. — Hon. W. N. Evans, Judge. (1) On the whole record it was undoubted error on the part of the court to refuse plaintiff’s peremptory instruction. Williams v. Williams, 132 Mo. App, 266; Coleman v. Reynolds, 207 Mo. 463; Maloy v. Sweazea, 123 Mo. App. 179; Bank v. Eubanks, 124 Mo. App. 499; Strauss v. Gum Co., 134 Mo.
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Appeal from Howell Circuit Court. — Hon. W. N. Evans, Judge. (1) On the whole record it was undoubted error on the part of the court to refuse plaintiff’s peremptory instruction. Williams v. Williams, 132 Mo. App, 266; Coleman v. Reynolds, 207 Mo. 463; Maloy v. Sweazea, 123 Mo. App. 179; Bank v. Eubanks, 124 Mo. App. 499; Strauss v. Gum Co., 134 Mo. App. 110. (2) Although defendant may have acted in good faith and believed that Knight was authorized to collect for the car of corn, yet, that would constitute no defense to this action. Moore v. Simms, 47 Mo. App. 182. (3) Instruction No. 3 for…
1Opinion of the CourtGray, J.
The plaintiff is a banking corporation located at Burrton, Kansas, at which place 'at the time this controversy arose, was a business concern known as the Burrton Grain Company. The defendant was a milling company, doing business at West Plains, this state. The Kiniglit Brokerage Company was doing a gráin brokerage business at Cherokee, Kansas. In May, 1910, the Burrton Grain Company received an order from one Knight, the owner of the brokerage company, to ship a car of com to the Star Milling Company at Mountain Grove, this state. The car was forwarded by the Grain Company, with draft and…
2Cases cited19 opinions
- The Bank of Rochester v. . JonesNew York Court of Appeals · 1851
- Scharff v. MeyerSupreme Court of Missouri · 1896
- Ayres v. Farmers & Merchants BankSupreme Court of Missouri · 1883
- Landa v. Lattin Bros.Court of Appeals of Texas · 1898
- The Marine Bank of Chicago v. . WrightNew York Court of Appeals · 1871
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3Cited by5 opinions
- Tapee v. Varley-Wolter Co.Missouri Court of Appeals · 1914
- Cottondale Planting Co. v. Diehlstadt BankMissouri Court of Appeals · 1926
- Tradesmen's State Bank v. Ft. Worth Elevators Co.Court of Appeals of Texas · 1919
- Boyd v. Bank of Mercer CountyMissouri Court of Appeals · 1913
- Burgess v. St. Louis & San Francisco RailroadMissouri Court of Appeals · 1913