Legal Opinion

Southwest National Bank v. House

Missouri Court of Appeals

Decided May 19, 1913PublishedCited by 6 opinions

Appeal from Jackson Circuit Court. — Hon. W. O. Thomas, Judge. (1) Respondents made no proof of any equities against the payee, since the only evidence offered was hearsay or legal conclusion, or variance from the answer admitted over appellant’s objection. Barnes v. McMullens, 78 Mo. 269, 274;- Gullett v. Hoy & Orton, 15 Mo. 400; Cutler v. Cook, 77 Mo. 391; Crawford v. Johnson, 87 Mo.

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Appeal from Jackson Circuit Court. — Hon. W. O. Thomas, Judge. (1) Respondents made no proof of any equities against the payee, since the only evidence offered was hearsay or legal conclusion, or variance from the answer admitted over appellant’s objection. Barnes v. McMullens, 78 Mo. 269, 274;- Gullett v. Hoy & Orton, 15 Mo. 400; Cutler v. Cook, 77 Mo. 391; Crawford v. Johnson, 87 Mo. App. 485; Kelly v. Staed, 136 Mo. 435; R., p. 71 and p. 5; Ogden on Negotiable Instruments, p. 121; Bank v. Refrigerating Co., 326 Mo. 407; Powers v. Woolfolk, 132 Mo. App. 362. (2) Judgment should have been…

1Opinion of the CourtEllison, J.

This action is based on a bank check charged to have been drawn by defendant’s and purchased by plaintiff, a bank in Kansas City. A trial-was bad by tbe court without the aid of a jury and judgment rendered for defendants.

Tbe check, dated January 13, 1910, for tbe sum of $5240, was drawn by E. J. House & Co. on tbe Western Exchange Bank, also in Kansas City, payable to tbe order of tbe Dixie Grain Co., and was indorsed in blank to plaintiff. The Dixie Grain Company was tbe trade name of E. S. Carr, and we shall use bis name. It appeared in evidence that Carr bad opened an account with…

2Cases cited2 opinions

  1. St. Louis & San Francisco Railway Co. v. JohnstonSupreme Court of the United States · 1890
  2. Quattrochi Bros v. Farmers & Merchants BankMissouri Court of Appeals · 1901

3Cited by6 opinions

  1. Downs v. HortonSupreme Court of Missouri · 1921
  2. Acme Hay & Mill Feed Co. v. Metropolitan National BankSupreme Court of Iowa · 1924
  3. Hill v. DillonMissouri Court of Appeals · 1913
  4. Dewitt v. SyfonMissouri Court of Appeals · 1919
  5. Cottondale Planting Co. v. Diehlstadt BankMissouri Court of Appeals · 1926

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