Hill v. Bank of Seneca
Missouri Court of Appeals
Appeal from Newton Circuit Court. — Hon. Henry 'Olay Pepper, Judge. STATEMENT OR THE CASE. ' On tbe second day of July, 1898, the respondent was the holder of two chattel mortgages executed by one W. A. Richardson on thirty-nine hundred acres of growing wheat near Catoosa in the Indian Territory. These mortgages were given earlier in the same year to secure two promissory notes amounting to $4,500, one of which matured May 16 and the other July 19 of said year.
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Appeal from Newton Circuit Court. — Hon. Henry 'Olay Pepper, Judge. STATEMENT OR THE CASE. ' On tbe second day of July, 1898, the respondent was the holder of two chattel mortgages executed by one W. A. Richardson on thirty-nine hundred acres of growing wheat near Catoosa in the Indian Territory. These mortgages were given earlier in the same year to secure two promissory notes amounting to $4,500, one of which matured May 16 and the other July 19 of said year. The latter was for $3,000. J. M. Berry was the respondent’s cashier. On the second day of July he went to Catoosa to look after the…
1Opinion of the CourtGoode, J.
The theory on which the peremptory instruction is defended and the one doubtless on which the court gave it, is, that the contract made by the cashier with the appellants did not appear from the evidence adduced to be binding on the bank. The contract might be obligatory for several reasons: either because it was within the apparent scope of the cashier’s authority, because there was testimony from which it was fairly inferable that he was acting with the knowledge and approval of the directors in making the arrangement, because it was an act such as he was accustomed to do with their…
2Cases cited23 opinions
- Fleckner v. President of the Bank of the United StatesSupreme Court of the United States · 1823
- Sparks v. Dispatch Transfer Co.Supreme Court of Missouri · 1891
- Breckinridge v. American Central InsuranceSupreme Court of Missouri · 1885
- Edwards v. ThomasSupreme Court of Missouri · 1877
- Southgate v. Atlantic & Pacific RailroadSupreme Court of Missouri · 1875
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3Cited by4 opinions
- Hill Bros. v. Bank of SenecaMissouri Court of Appeals · 1903
- Bank of Houston v. KirkmanMissouri Court of Appeals · 1911
- Rosenbaum v. GilliamMissouri Court of Appeals · 1903
- Bank of Amsterdam v. WelliverMissouri Court of Appeals · 1923