Legal Opinion

Quattrochi Bros v. Farmers & Merchants Bank

Missouri Court of Appeals

Decided May 7, 1901PublishedCited by 11 opinions

Writ of Error from Hannibal Court of Common Pleas. — Hon. David II. Dby, Judge. STATEMENT OE THE CASE. This ease was taken by appeal to the circuit court, where omitting caption, the plaintiffs filed the following amended petition : “Now comes the plaintiffs and for their amended petition herein, by leave of court, respectfully state: “That at the times hereinafter mentioned, the plaintiffs were partners, doing business in the city of Hannibal as merchants, in said county…

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Writ of Error from Hannibal Court of Common Pleas. — Hon. David II. Dby, Judge. STATEMENT OE THE CASE. This ease was taken by appeal to the circuit court, where omitting caption, the plaintiffs filed the following amended petition : “Now comes the plaintiffs and for their amended petition herein, by leave of court, respectfully state: “That at the times hereinafter mentioned, the plaintiffs were partners, doing business in the city of Hannibal as merchants, in said county and State, under the firm name of Quattrochi Brothers. “That at the times hereinafter mentioned the defendant was, ever…

1Opinion of the CourtBland, P. J.

The contention of appellants is that the action is upon a writing for the payment of money, and that the ten-year period of limitation applies. The gravamen of the complaint is that on December 16, 1891, appellants delivered to respondent money and checks amounting to five hundred and twenty-one dollars for deposit, which respondent received and entered to appellant’s credit in the bank-deposit book; that afterwards, to-wit, on the thirty-first of December, 1891, appellants left the book with respondent to be posted, and that while so in possession of the bank the respondent wrongfully and…

2Cases cited7 opinions

  1. Reyburn v. CaseySupreme Court of Missouri · 1859
  2. First National Bank v. ClarkNew York Court of Appeals · 1892
  3. Schalucky v. FieldIllinois Supreme Court · 1888
  4. Menefee v. ArnoldSupreme Court of Missouri · 1873
  5. Moorman v. SharpSupreme Court of Missouri · 1864

2 more not listed; retrieve them via the Exa API.

3Cited by11 opinions

  1. Lively v. TaborSupreme Court of Missouri · 1937
  2. Missouri Pacific Railway Co. v. Continental National Bank of CommerceSupreme Court of Missouri · 1908
  3. Kenneth Investment Co. v. National Bank of the Republic of St. LouisMissouri Court of Appeals · 1903
  4. Southwest National Bank v. HouseMissouri Court of Appeals · 1913
  5. Gregg v. Roaring Springs Land & Mining Co.Missouri Court of Appeals · 1902

6 more not listed; retrieve them via the Exa API.

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