Fisher v. Bagnell
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — Mon. Daniel D. Fisher, Judge. (1) A check is a draft or order upon a bank 'or banking house,, purporting to be drawn upon a deposit of funds for the payment at all events of a certain sum of money to a certain person therein named, or to his order, or to bearer, and payable instantly on demand. 2 Daniels on Neg. Instruments; sec. 1566; R. S. 1909, sec. 10155; Bank v. Bank, 148 Mo. App. 1; Glenn v. Trust & Savings Dep.
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Appeal from St. Louis City Circuit Court. — Mon. Daniel D. Fisher, Judge. (1) A check is a draft or order upon a bank 'or banking house,, purporting to be drawn upon a deposit of funds for the payment at all events of a certain sum of money to a certain person therein named, or to his order, or to bearer, and payable instantly on demand. 2 Daniels on Neg. Instruments; sec. 1566; R. S. 1909, sec. 10155; Bank v. Bank, 148 Mo. App. 1; Glenn v. Trust & Savings Dep. Co., 209 N. Y. 12; In re Kern’s Estate, 171 Pa. St. 55. (2) The death of the drawer revokes payment of the check when the bank has…
1Opinion of the CourtAllen, J.
This is an action to enforce a claim against the estate of William P. Bagnell in favor of this respondent, founded upon a check issued to respondent by decedent shortly prior to the latter’s death. The *584probate court allowed the claim, against the estate, and on the appeal of the executors to the circuit court, where the cause was tried by the court without a jury, the claimant again prevailed, and the executors have appealed to this court. The cause was tried in the circuit court on an agreed statement of facts which (omitting some statements relative to the presentation and allowance of the…
2Cases cited5 opinions
- Nelson v. DiffenderfferMissouri Court of Appeals · 1914
- Pennell v. EnnisMissouri Court of Appeals · 1907
- In re the Judicial Settlement of the Account of MeadNew York Surrogate's Court · 1915
- In re the Estate of StaceyNew York Surrogate's Court · 1915
- Lewis v. International BankMissouri Court of Appeals · 1883
3Cited by4 opinions
- Caldwell v. First National Bank of WellstonMissouri Court of Appeals · 1955
- In re the Accounting of MulliganNew York Surrogate's Court · 1953
- Baker v. SwearenginSupreme Court of Missouri · 1943
- Aetna Investment Co. v. Chandler Landscape & Floral Co.Missouri Court of Appeals · 1932