Gerhardt v. Boatman's Saving Institution
Supreme Court of Missouri
Appeal from St. Louis Circuit Court. I. Plaintiff, in accordance with the custom of defendant to collect notes for its customers, deposited his note with defendant, and it received it and undertook to collect it, or to take the proper steps to fix the endorser. On general principles of bailment, defendant was bound to give notice to the endorser of the note, if it undertook the business even as a gratuity — Edw. Bail. 112 ; Sto.
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Appeal from St. Louis Circuit Court. I. Plaintiff, in accordance with the custom of defendant to collect notes for its customers, deposited his note with defendant, and it received it and undertook to collect it, or to take the proper steps to fix the endorser. On general principles of bailment, defendant was bound to give notice to the endorser of the note, if it undertook the business even as a gratuity — Edw. Bail. 112 ; Sto. Bail. 171, c., p. 181,4th ed; 8 Cow. 683-4; 11 Wend. 475; 1 Arn. 408 ; 6 Mass. 58. II. But it was not a gratuity; the use of plaintiff’s money was a consideration…
1Opinion of the CourtWagner, Judge
The facts in this case are mainly these: The plaintiff kept his regular deposit account with defendant, and in accordance with a uniform custom, delivered to it a negotiable promissory note for collection. The note was for $2,500', made by Henry L. Clark, payable sixty days after, date to the order of Lewis Y. Bogy, and by Bogy endorsed to plaintiff, who endorsed the same and delivered it to defendant for the purpose above stated. The note not being paid at maturity, was delivered by defendant to a notary public for protest, and to give notice of presentment, demand, and refusal to pay, to…
2Cases cited12 opinions
- Allen v. Merchant's BankCourt for the Trial of Impeachments and Correction of Errors · 1839
- Smedes v. President of Bank of UticaNew York Supreme Court · 1823
- Montgomery County Bank v. . Albany City BankNew York Court of Appeals · 1852
- East-Haddam Bank v. ScovilSupreme Court of Connecticut · 1837
- McKinster v. Bank of UticaNew York Supreme Court · 1832
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3Cited by3 opinions
- Daly v. Butchers' & Drovers' BankSupreme Court of Missouri · 1874
- Dyas v. HansonMissouri Court of Appeals · 1883
- Kavanaugh v. Farmers' Bank of MaitlandMissouri Court of Appeals · 1894