Farmers' Bank v. Garten
Supreme Court of Missouri
Error to Clay Circuit Court. I. The act chartering the banks with branches made by the General Assembly in said act of 1856-7, p. 14, is unconstitutional as far as the Farmers’ Bank and its branches are concerned, as each branch exercises all the powers of a separate bank as far as all banking privileges are concerned. (Acts 1856-7 ; Const. Amend, id. p. 6.) II.
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Error to Clay Circuit Court. I. The act chartering the banks with branches made by the General Assembly in said act of 1856-7, p. 14, is unconstitutional as far as the Farmers’ Bank and its branches are concerned, as each branch exercises all the powers of a separate bank as far as all banking privileges are concerned. (Acts 1856-7 ; Const. Amend, id. p. 6.) II. The charters of the banks are forfeited upon their failing and refusing to redeem their issues in gold or silver for ten days after demand. (Acts 1856-7, p. 14; § 9, p. 17.) III. The banks had no power to protest paper, or do any…
1Opinion of the CourtBates, Judge
This is a suit brought upon a bill of exchange, drawn by Andrew Garten upon Strader, Evans & Co., (and accepted by them) in favor of John Minter; endorsed by Minter to Scraggs, and by Scraggs to the plaintiff. Minter answered. The other defendants made no defence. Upon plaintiff’s motion, Minter’s answer was stricken out, and judgment rendered against all the defendants. Minter preserved exceptions to the striking out of his answer, and the questions that arise here relate to the validity of that answer; the answer sets up several defences, which will be considered in their order.
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2Cases cited3 opinions
- Stephens v. City of MaconSupreme Court of Missouri · 1884
- Bank of Missouri v. BredowSupreme Court of Missouri · 1862
- Merchants' Bank v. SasseeSupreme Court of Missouri · 1863
3Cited by6 opinions
- State v. KroegerSupreme Court of Missouri · 1871
- National Lead Co. v. S. E. Grote Paint Store Co.Missouri Court of Appeals · 1899
- Charter Finance Co. v. HendersonAppellate Court of Illinois · 1973
- Henderson v. BondurantSupreme Court of Missouri · 1867
- Charter Finance Co. v. HendersonAppellate Court of Illinois · 1973
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