Ellerbe v. National Exchange Bank
Supreme Court of Missouri
Appeal from Jackson Circuit Court. — Hon. R. H. Field, Judge. (1) Warden acted under the authority and with the knowledge of the company, and without the knowledge or authority of the bank. The former should be bound, tbe latter not. He could not and did not bind the bank. Ins. Co. v. Hope, etc., Co., 8 Mo. App. 408; McDonald v. Wagner, 5 Mo. App. 56; Seev. Smith, 84 Mo. 304; Morawetz on Corporations, sec. 528; N. Y., etc., Co. v. Ins.
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Appeal from Jackson Circuit Court. — Hon. R. H. Field, Judge. (1) Warden acted under the authority and with the knowledge of the company, and without the knowledge or authority of the bank. The former should be bound, tbe latter not. He could not and did not bind the bank. Ins. Co. v. Hope, etc., Co., 8 Mo. App. 408; McDonald v. Wagner, 5 Mo. App. 56; Seev. Smith, 84 Mo. 304; Morawetz on Corporations, sec. 528; N. Y., etc., Co. v. Ins. Co., 14 N. Y. 85; Wardell v. Railroad, 103 U. S. 651. But by adopting his acts the company is bound. Morawetz on Corporations, sec. 548, et seq. (2) Warden…
1Opinion of the CourtBrace, J.
The Midland Accident Insurance Company of Kansas City was incorporated under the insur.anee laws of Missouri on the twenty-sixth of 'January, 1889, with a capital stock of $125,000. At that time the defendant duly incorporated under the laws of the United States was doing a general banking business in the City of Kansas, Thomas T. Crittenden being its president and James S. Warden its cashier, and both members of its board of directors. They were also ■stockholders and officers in the insurance company, ■Crittenden being a director and president, and Warden . a director thereof.
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2Cases cited2 opinions
- Fitzgerald v. BarkerSupreme Court of Missouri · 1888
- Orth v. DorschleinSupreme Court of Missouri · 1862
3Cited by8 opinions
- Hindman v. First Nat. Bank of LouisvilleCourt of Appeals for the Sixth Circuit · 1902
- Moore v. Lindell Railway Co.Supreme Court of Missouri · 1903
- Homuth v. Metropolitan Street Railway Co.Supreme Court of Missouri · 1895
- Bartley v. Metropolitan Street Railway Co.Supreme Court of Missouri · 1899
- Carr v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1906
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