R. S. Howard Co. v. International Bank
Missouri Court of Appeals
Appeal from the Circuit Court of the City of St. Louis. — Hon. Leo 8. Rassieur, Judge. (1) The check for $1398.60, containing the words “to be used in part renewal of note due 6/21,” was notice to the bank that- said check was not to be used to pay Bollman Bros.’ indebtedness to the bank. They were notice .to the bank that the check was to be used for a certain purpose only, and that the authority of Bollman Bros, was limited.
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Appeal from the Circuit Court of the City of St. Louis. — Hon. Leo 8. Rassieur, Judge. (1) The check for $1398.60, containing the words “to be used in part renewal of note due 6/21,” was notice to the bank that- said check was not to be used to pay Bollman Bros.’ indebtedness to the bank. They were notice .to the bank that the check was to be used for a certain purpose only, and that the authority of Bollman Bros, was limited. Johnson v. Harrison, 177 Ind. 240; In re Hallet L. R., 13 Chan. Div. 696; Central Nat’l Bank v. Life Ins. Co., 104 U. S. 54; Buckner v. Jones, 1 Mo. App. 538; 1…
1Opinion of the Court
ALLEN. J.
This is an action to recover, as for money had and received, the proceeds of a check for $1398.60, executed by the plaintiff to the order of “Boll-man Bros.,” and which came into die.hands of the defendant. bank under circumstances to be stated below. The trial, before the court without a jury, a jury having been waived, resulted in a judgment for defendant, from which plaintiff prosecutes the appeal before us.
The evidence discloses that on February 21, 1913, the Bollman Bros. Piano Company (hereinafter referred *287to as the Bollman Company), a corporation engaged in business in the…
2Cases cited10 opinions
- Duckett v. National Mechanics' BankCourt of Appeals of Maryland · 1897
- Jennings v. ToddSupreme Court of Missouri · 1893
- Siegel, Cooper & Co. v. Chicago Trust & Savings BankIllinois Supreme Court · 1890
- Ayres v. Farmers & Merchants BankSupreme Court of Missouri · 1883
- Jefferson Bank v. Merchants Refrigrating Co.Supreme Court of Missouri · 1911
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- First Bank of Marianna v. Havana Canning Co.Supreme Court of Florida · 1940
- Kuraner v. Columbia Nat. Bk. of K.C.Missouri Court of Appeals · 1936
- Cottondale Planting Co. v. Diehlstadt BankMissouri Court of Appeals · 1926
- Payne v. CumminsMissouri Court of Appeals · 1921
- Ivory v. LamoreauxMichigan Supreme Court · 1928
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