Clifford Banking Co. v. Donovan Commission Co.
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. — Hon. H. D. Wood, Judge. (1) Appellant, as well as the putative assignor of the respondent, was innocent in the premises. "Where one of two who are innocent must suffer, the loss must fall on him who afforded the opportunity for the wrong. Had not the original bank been remiss and grossly negligent, the loss would not have occurred.
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Appeal from St. Louis City Circuit Court. — Hon. H. D. Wood, Judge. (1) Appellant, as well as the putative assignor of the respondent, was innocent in the premises. "Where one of two who are innocent must suffer, the loss must fall on him who afforded the opportunity for the wrong. Had not the original bank been remiss and grossly negligent, the loss would not have occurred. Bank v. Armstrong, 62 Mo. 67; Neuhoff v. O’Reilly, 93 Mo. 164. (2) The bank cheeks were negotiable instruments, if instruments at all, and appellant was a purchaser for value, without notice. Famous Co. v. Crosswhite, 124…
1Opinion of the CourtLamm, J.
— This is a suit for money had and received. Defendant stood below on plaintiff’s case. Both parties are domestic corporations — the one, a banking company with a small capital in Clarksville, a village in Pike county; the other, domiciled in St. Louis as a commission concern. Plaintiff is the successor of a banking corporation of the same name, which did business in the same village, whose charter expired by limitation, and whose affairs are in process of liquidation at the hands of its last board of directors as trustees ; and plaintiff sues in the capacity of such successor and by virtue…
2Cases cited7 opinions
- Capital Bank v. ArmstrongSupreme Court of Missouri · 1876
- Hall v. MarstonMassachusetts Supreme Judicial Court · 1822
- International Bank v. German BankSupreme Court of Missouri · 1879
- Tamm v. KelloggSupreme Court of Missouri · 1871
- Allen v. StengerIllinois Supreme Court · 1874
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3Cited by50 opinions
- White v. MulvaniaSupreme Court of Missouri · 1978
- County of Nodaway v. KidderSupreme Court of Missouri · 1939
- Webster v. Sterling Finance Co.Supreme Court of Missouri · 1943
- Newco Land Co. v. MartinSupreme Court of Missouri · 1948
- Wallach v. JosephSupreme Court of Missouri · 1967
45 more not listed; retrieve them via the Exa API.