Peoples Bank v. Stewart
Missouri Court of Appeals
Appeal from Dade Circuit Court. — No». B. G. Thurman, Judge. (1) The court admitted evidence tending to show that after the giving of orders sued on and after the payment by plaintiff of the checks drawn by the partnership of Roley & Co. on account of said orders, that Roley & Co. made deposits in the plaintiff bank in amounts greater than the moneys paid out by plaintiff on Roley & Co.’s checks.
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Appeal from Dade Circuit Court. — No». B. G. Thurman, Judge. (1) The court admitted evidence tending to show that after the giving of orders sued on and after the payment by plaintiff of the checks drawn by the partnership of Roley & Co. on account of said orders, that Roley & Co. made deposits in the plaintiff bank in amounts greater than the moneys paid out by plaintiff on Roley & Co.’s checks. This testimony was received by the learned trial judge and at the close of all the testimony he refused to strike out this testimony on the theory that if such deposits were made plaintiff was bound…
1Opinion of the CourtGray, J.
On the 5th day of December, 1910, an opinion was filed herein reversing the judgment and remanding the cause for a new trial. The appellant filed a motion to modify the opinion, and the respondent motions for rehearing and to transfer to the Supreme Court. The motions for rehearing and to transfer have been overruled. The motion to modify has been sustained, and the original opinion is withdrawn and the following filed in lieu thereof.
This suit originated in the circuit court of Lawrence county, and on a trial in that county a judgment was rendered in favor of the defendant. The plaintiff…
2Cases cited24 opinions
- Lent v. PadelfordMassachusetts Supreme Judicial Court · 1813
- Coburn v. BrooksCalifornia Supreme Court · 1889
- Furst & Bradley Manufacturing Co. v. BlackIndiana Supreme Court · 1887
- Rankin v. ChildsSupreme Court of Missouri · 1846
- Barker v. ScudderSupreme Court of Missouri · 1874
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3Cited by11 opinions
- Ford v. Aetna Life Insurance Co. of HartfordWashington Supreme Court · 1912
- Ireland v. ShukertMissouri Court of Appeals · 1943
- Hassell-Hughes Lumber Co. v. JacksonCourt of Appeals of Tennessee · 1949
- First National Bank v. HahnMissouri Court of Appeals · 1917
- Slyman v. SimonMissouri Court of Appeals · 1932
6 more not listed; retrieve them via the Exa API.