Ripley National Bank v. Latimer
Missouri Court of Appeals
Appeal from the Pettis Circuit Cowrt. — Hon. Richard Field, Judge. (1) The rule is positive, that in order to raise a presumption that a letter was received by mail, three things must be shown: First. That the letter was properly addressed. Second. That it was deposited in the United States postoffice, or in a mail bos, or given to a mail carrier, or other mail agent of the United States. Third. That the necessary amount of postage was prepaid thereon. Plathv. Ins.
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Appeal from the Pettis Circuit Cowrt. — Hon. Richard Field, Judge. (1) The rule is positive, that in order to raise a presumption that a letter was received by mail, three things must be shown: First. That the letter was properly addressed. Second. That it was deposited in the United States postoffice, or in a mail bos, or given to a mail carrier, or other mail agent of the United States. Third. That the necessary amount of postage was prepaid thereon. Plathv. Ins. Co., 4 Minn. 379, on 484; Briggs v. Harvey ,130 Mass. 186; Huntley v. Whittier, 105 Mass. 391; 13 Am. and Eng. Encyclopedia of…
1Opinion of the CourtSmith, P. J.
This is an action grounded on the negligence of the First National Bank of Sedalia of which the defendant is receiver. The petition stated:
“The said First National Bank is indebted to this plaintiff in the sum of one hundred and forty-five and 40-100 dollars, by reason of the following facts: That on the nineteenth day of October, 1893, one James 0. Thompson, who was then the cashier of said First National.Bank, was indebted to plaintiff, among other sums, in the sum of one hundred and forty-five dollars, and that, in payment of said sum, the said Thompson sent to plaintiff through the mail,…
2Cases cited9 opinions
- Huntley v. WhittierMassachusetts Supreme Judicial Court · 1870
- Merchants' National Bank v. LovittSupreme Court of Missouri · 1893
- Briggs v. HerveyMassachusetts Supreme Judicial Court · 1881
- Drovers' National Bank v. Anglo-American Packing & Provision Co.Illinois Supreme Court · 1886
- People's Saving Bank v. HughesMissouri Court of Appeals · 1895
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3Cited by4 opinions
- National Masonic Accident Ass'n v. BurrNebraska Supreme Court · 1899
- Young v. Bank of PrincetonMissouri Court of Appeals · 1903
- Commercial Investment Co. v. Citizens State BankMissouri Court of Appeals · 1932
- J. M. Houston Grocer Co. v. Farmers BankMissouri Court of Appeals · 1897