Mechanics' Bank v. Valley Packing Co.
Missouri Court of Appeals
Appeal from St. Louis Circuit Court. The title to this bill passed to tbe Mechanics’ Bank bjr delivery, and it had a right to sue in its own name, without resorting to a court of equity or suing in the name of the payee, to its own use, as at common law.
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Appeal from St. Louis Circuit Court. The title to this bill passed to tbe Mechanics’ Bank bjr delivery, and it had a right to sue in its own name, without resorting to a court of equity or suing in the name of the payee, to its own use, as at common law. Boéka v. Huella, 28 Mo. 180 ; Willard v. Moies, 30 Mo. 142; Savage v. Severe, 11 Barb. 620 ; Du-gan v. United States, 3 Wheat. 172 ; Bank of United States v. United States, 2 How. 711. An endorsement “ for my use,” or “for collection,” not being an actual transfer of the amount, may be recalled at pleasure. — Potts v. Read, 6 Esp. 57 ;…
1Opinion of the CourtHaydeN, J.
This is a suit upon a draft, brought originally against the respondent and the members of the firm of Levi L. Ash-brook & Co., but which has been dismissed as to the latter. The petition alleges that the respondent drew a bill of exchange at St. Joseph, Missouri, dated December 11, 1875, directed to Ashbrook & Co., by which it requested them to pay, ninety days after said date, to the order of Joseph C. Hull, cashier of a St. Joseph bank, $40,000, for value received, and to charge the same to respondent’s account; that before the maturity of the bill it was delivered to Ash-brook & Co. by the…
2Cases cited12 opinions
- Sweeny v. EasterSupreme Court of the United States · 1864
- Haskell v. ChampionSupreme Court of Missouri · 1860
- Evans v. ForemanSupreme Court of Missouri · 1875
- Hedges v. SealyNew York Supreme Court · 1850
- German Bank v. DunnSupreme Court of Missouri · 1876
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3Cited by4 opinions
- Taylor v. SartoriousMissouri Court of Appeals · 1908
- Northwestern National Bank v. Bank of CommerceSupreme Court of Missouri · 1891
- Jackson v. JohnsonSupreme Court of Missouri · 1913
- Williams, Deacon & Co. v. JonesSupreme Court of Alabama · 1884