Lieber v. Fourth National Bank
Missouri Court of Appeals
Appeal from St. Louis Circuit Court. — Eon, Jesse A. McDonald, Judge. (T) After plaintiff, with full knowledge of tbe facts retains tbe fruits and proceeds of tbe acts of bis agent, be cannot repudiate tbe other acts or features of tbe transaction wherein tbe agency existed. Tbe delivery of tbe check to create tbe loan is part of tbe transaction. This rule of law, we believe, is lost sight of in tbe learned opinion, which does not "treat tbe question of estoppel, at all.
Read the full summary
Appeal from St. Louis Circuit Court. — Eon, Jesse A. McDonald, Judge. (T) After plaintiff, with full knowledge of tbe facts retains tbe fruits and proceeds of tbe acts of bis agent, be cannot repudiate tbe other acts or features of tbe transaction wherein tbe agency existed. Tbe delivery of tbe check to create tbe loan is part of tbe transaction. This rule of law, we believe, is lost sight of in tbe learned opinion, which does not "treat tbe question of estoppel, at all. Green v. Bank, 128 Mo. 559; Menkens v. Watson, 27 Mo. 163; Gaines v. Miller, 111 U. S. 395; Human v. Cuniffe, 32 Mo. 316;…
1Opinion of the CourtReynolds, P. J.
(after stating the facts). — In spite of the multitude of reasons assigned why a motion for new trial should have been granted, thirty-eight such grounds being set forth in the motion, and these grounds for new trial being repeated under nine headings in the assignment of error in this court, these nine assignments being subdivided into numerous subassignments, the propositions involved in it are really very simple and very few. The first proposition involved is, the pass book having been returned at stated periods, showing the balance of the account in favor of plaintiff on the books of the…
2Cases cited7 opinions
- Leather Manufacturers' Bank v. MorganSupreme Court of the United States · 1886
- First Nat. Bank of Washington v. WhitmanSupreme Court of the United States · 1877
- Kenneth Investment Co. v. National BankMissouri Court of Appeals · 1902
- Bucklin v. ChapinNew York Supreme Court · 1868
- Wind v. Fifth National BankMissouri Court of Appeals · 1890
2 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Union Biscuit Co. v. Springfield Grocer Co.Missouri Court of Appeals · 1910
- Simpson v. Denver & Rio Grande R.Utah Supreme Court · 1913
- Stone v. St. Louis Union Trust Co.Missouri Court of Appeals · 1914
- East St. Louis Cotton Oil Co. v. Bank of SteeleMissouri Court of Appeals · 1918
- In Re the Estate of LewisMissouri Court of Appeals · 1922