McGrade v. German Savings Institution
Missouri Court of Appeals
Appeal from St. Louis Circuit Court. A check is an appropriation of the fund. — Morrison v. McCartney, 30 Mo. 88 ; Chou-teau v. Rowse, 56 Mo. 67. An appropriation of the fund is an equitable assignment of it. — Danlclessen v. Brainard, 3 Daly, 183 ; Christmas v. Russell, 14 Wall. 69. And suit may be maintained on the check by the payee against the bank, without acceptance. — Roberts v. Corbin, 26 Iowa, ■315 ; Chicago, etc., Ins.
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Appeal from St. Louis Circuit Court. A check is an appropriation of the fund. — Morrison v. McCartney, 30 Mo. 88 ; Chou-teau v. Rowse, 56 Mo. 67. An appropriation of the fund is an equitable assignment of it. — Danlclessen v. Brainard, 3 Daly, 183 ; Christmas v. Russell, 14 Wall. 69. And suit may be maintained on the check by the payee against the bank, without acceptance. — Roberts v. Corbin, 26 Iowa, ■315 ; Chicago, etc., Ins. Co. v. Sanford, 28 Ill. 168 ; Munn T. Burch, 25 Ill. ; Union National Banlc v. Oceana County Banlc (Ill. Sup. Ct.), 1 Law & Eq. Eep. (1876) 97 ; Lester y. Given, 8…
1Opinion of the CourtBakewell, J.
The plaintiff, in his petition, alleges that defendant was on April 26, 1876, a banking corporation, doing business in St. Louis, and had then on deposit $477.67 of one Fletcher, who, at that date, for a valuable consideration, by an order in writing, assigned, made over, and ordered defendant to pay to plaintiff said sum ; that plaintiff then and there presented said instrument to defendant, and offered to surrender the same; that defendant then received the same, and without any just cause refused to pay said money, or any part thereof, and has ever since refused to pay the same, and has…
2Cases cited6 opinions
- Mandeville v. WelchSupreme Court of the United States · 1820
- Bank of the Republic v. MillardSupreme Court of the United States · 1870
- Munn v. BurchIllinois Supreme Court · 1860
- Myers v. . DavisNew York Court of Appeals · 1860
- Lester & Co. v. Given, Jones & Co.Court of Appeals of Kentucky · 1871
1 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Harrison v. WrightIndiana Supreme Court · 1885
- Dickinson v. CoatesSupreme Court of Missouri · 1883
- Fonner v. SmithNebraska Supreme Court · 1891
- Lampert v. Laclede Gas-Light Co.Missouri Court of Appeals · 1883
- Senter v. Continental BankMissouri Court of Appeals · 1879
8 more not listed; retrieve them via the Exa API.