Shine's Administrator v. Central Savings Bank
Supreme Court of Missouri
Appeal from St. Louis Court of Appeals. The third, fourth and fifth instructions given'for the defendant, are as follows : 3. The court declares the law to be that if the defendant agreed to loan to O’Neil & Co. the $15,000 on the faith of the guaranty mentioned in the answer, and said collateral, without any conditions, and thereunder .O’Neil & Co. were permitted to draw and obtain the money when and as they chose, and they drew $10,000 thereof and applied it to the payment…
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Appeal from St. Louis Court of Appeals. The third, fourth and fifth instructions given'for the defendant, are as follows : 3. The court declares the law to be that if the defendant agreed to loan to O’Neil & Co. the $15,000 on the faith of the guaranty mentioned in the answer, and said collateral, without any conditions, and thereunder .O’Neil & Co. were permitted to draw and obtain the money when and as they chose, and they drew $10,000 thereof and applied it to the payment of a note made by them and then due and payable by them to defendant for that amount; and they afterwards obtained and…
1Opinion of the Court
Norton, J. —
In this case the petition set forth that Eugene Shine, in his lifetime, before 1868, deposited for collection with defendant the note of Isaac Walker for $15,000, secured by deed of trust, maturing in 1870, with interest notes at six per cent, per annum, payable semi-annually; that the bank collected and appropriated to its own use the amount of said note with $450 interest paid in January, 1869; $450 paid in July, 1869; $450 paid in January, 1870, and $450 paid in July, 1870, together with the principal; making a total of $16,800 with interest from July, 1870, when payment was…
2Cases cited1 opinion
- Central Savings Bank v. ShineSupreme Court of Missouri · 1871
3Cited by9 opinions
- Kansas City ex rel. Kansas City Hydraulic Press Brick Co. v. YoumansSupreme Court of Missouri · 1908
- F. H. & C. B. Gerhart Real Estate Co. v. Marjorie Real Estate Co.Missouri Court of Appeals · 1910
- Taylor v. ShouseSupreme Court of Missouri · 1881
- Gimbel Bros. v. MitchellMissouri Court of Appeals · 1920
- Hurley v. Fidelity & Deposit Co.Missouri Court of Appeals · 1902
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