Bank of Commerce v. Ginocchio
Missouri Court of Appeals
Appeal from the St. Louis Circuit Court, Shepard Barclay, Judge. Where an act may be performed in two ways, one of which may result in injury to others who may be affected, and the other is free from such liability, the person performing the act must take that course which will prevent the injury.
Read the full summary
Appeal from the St. Louis Circuit Court, Shepard Barclay, Judge. Where an act may be performed in two ways, one of which may result in injury to others who may be affected, and the other is free from such liability, the person performing the act must take that course which will prevent the injury. International Bank v. German Bank, 71 Mo. 183, 197; Heaven v. Fender, 11 Q. B. Div. 503; Cooley on Torts, 630 ; Brown v. Railroad, 49 Mich. 153. It is no defence that the defendants were actually innocent in the matter. Bank of Kentucky v. Schuylkill Ban7c\ 1 Pars. Ec[. 241; Liclcbarrow v. Mason, 2…
1Opinion of the CourtThompson, J.
This is an action for damages for negligence. The circuit court sustained a demurrer to the petition, and the plaintiff appeals. The petition is as follows: “The plaintiff states that it is, and was, at all the times hereinafter mentioned, a corporation, carrying on the business of banking in the City of Kansas, state of Missouri ; that the defendants, Domenico Grinocchio, David Grinocchio, and Louis Boggianna, are now, and were, at the times hereinafter mentioned, partners, doing businéss in the *663city of St. Louis, in said state, under the style and firm name of Ginocchio Brothers & Company.
“T…
2Cases cited1 opinion
- International Bank v. German BankSupreme Court of Missouri · 1879
3Cited by1 opinion
- Rossi v. National Bank of CommerceMissouri Court of Appeals · 1897