Legal Opinion

Commerce Trust Co. v. Bank of Willow Springs

Missouri Court of Appeals

Decided February 5, 1912PublishedCited by 1 opinion

Appeal from Howell Circuit Court.— Hon. W. N. Evans, Judge. (1) The court erred in that it did not render judgment for the plaintiff, because upon the whole record the judgment should have been for the plaintiff. Bank v. Burkham, 32 Mich. 328; Chambers v. Miller, 13 C. B. (N. S.) 125; Andressen v. Bank, 2 Fed. 122; Savings Assn. v. Kehlor, 7 Mo.

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Appeal from Howell Circuit Court.— Hon. W. N. Evans, Judge. (1) The court erred in that it did not render judgment for the plaintiff, because upon the whole record the judgment should have been for the plaintiff. Bank v. Burkham, 32 Mich. 328; Chambers v. Miller, 13 C. B. (N. S.) 125; Andressen v. Bank, 2 Fed. 122; Savings Assn. v. Kehlor, 7 Mo. App. 158; Behring v. Somerville, 63 N. J. L. 568; Pegan v. Railroad, 9' ND. -30; Levy v. Terwilliger, 10 Daly (N. Y.) 194; Boaz v. Updegrove, 5 Pa. St. 516'; Guild v. Baldridge, 2 Swan (Tenn.) 295; Richey v. Clark, 11 Utah, 467; Robinson v. Reynolds,…

1Opinion of the CourtCox, J.

B. F. Thomas is a miller of Willow Springs, Missouri, doing business under the name of Willow Springs Mills and under that name purchased a carload of kiln dried corn for milling purposes from G. Clinton Adams of Kansas City, Missouri, doing business under the name of Adams Commission Company. Adams shipped the corn to Adams Commission *434Company at Willow Springs, then drew a sight draft npon Willow Springs Mills, attached bill of lading for the corn thereto and endorsed the draft to plaintiff and the same was deposited in plaintiff bank to the credit of Adams Commission Company. The plaintiff…

2Cases cited3 opinions

  1. Supreme Council of the Legion of Honor v. PalmerMissouri Court of Appeals · 1904
  2. United Railways Co. v. O'ConnorMissouri Court of Appeals · 1910
  3. State v. CareyOhio Court of Appeals · 1958

3Cited by1 opinion

  1. McGinn v. Interstate National BankMissouri Court of Appeals · 1914

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