Bank of Houston v. Kirkman
Missouri Court of Appeals
Appeal from Texas Circuit Court.—Hon. L. B. Wood-side, Judge. (1) Cummings retained a vendible interest in tbe Brown note and had a right to and did make a valid sec-' ond pledge. Bank v. Brown, 133 S. W. 860; Bank v. Tot-ten, 144 Mo. App. 103; Southworth Co. v. Lamb, 82 Mo. 249; Dickey v. Porter, 203 Mo. 22; Bank v. Trust C'o., 135 Mo. App. 366; Jordan v. Harris, 46 Mo. App. 177; 22 Am. and Eng. Eney.
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Appeal from Texas Circuit Court.—Hon. L. B. Wood-side, Judge. (1) Cummings retained a vendible interest in tbe Brown note and had a right to and did make a valid sec-' ond pledge. Bank v. Brown, 133 S. W. 860; Bank v. Tot-ten, 144 Mo. App. 103; Southworth Co. v. Lamb, 82 Mo. 249; Dickey v. Porter, 203 Mo. 22; Bank v. Trust C'o., 135 Mo. App. 366; Jordan v. Harris, 46 Mo. App. 177; 22 Am. and Eng. Eney. Law (2 Ed.), 879; Colebrook on Collateral Securities, 229. (2) The delivery of the Brown note to Cummings violated the bank’s agreement, constituted a conversion and rendered the bank liable.…
1Opinion of the CourtCox, J.
This action was begun before a justice of the peace upon a note for one hundred dollars. On appeal to the Circuit Court judgment went for plaintiff and defendants have appealed to this court.
The facts connected with this transaction are as follows : Frank Cummings was the owner of a promissory note for fifteen hundred dollars, secured by a deed of trust upon real estate. Cummings borrowed seven hundred dollars from plaintiff bank and pledged the fifteen hundred dollar note and deed of trust to the bank as collateral security. Afterward Cummings and defendants, Kirkman and Williams, entered…
2Cases cited15 opinions
- LaFayette County Bank v. Metcalf, Moore & Co.Missouri Court of Appeals · 1890
- Dickey v. PorterSupreme Court of Missouri · 1907
- National Bank of Commerce v. MorrisSupreme Court of Missouri · 1893
- Wilkerson v. FarnhamSupreme Court of Missouri · 1884
- Southworth Co. v. LambSupreme Court of Missouri · 1884
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3Cited by3 opinions
- Citizens Bank of Senath v. DouglassMissouri Court of Appeals · 1913
- State v. UnderwoodWyoming Supreme Court · 1939
- Landers v. SchneiderMissouri Court of Appeals · 1914