Landa v. Traders Bank
Missouri Court of Appeals
Appeal from Jackson Circuit Court. — Hon. Andrew F. Evans, Judge. (1) Defendant’s instruction numbered 1 should have been given. The suit was upon one cause of action which there was no proof to support, and the recovery was upon another, which was not pleaded. This is not a mere variance or discrepancy between allegata and probata, but an entire failure of proof. R. S. 1899, sec. 798; Murphy v. Bedford, 18 Mo. App. 279; Phleger v. Weltner, 21 Mo.
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Appeal from Jackson Circuit Court. — Hon. Andrew F. Evans, Judge. (1) Defendant’s instruction numbered 1 should have been given. The suit was upon one cause of action which there was no proof to support, and the recovery was upon another, which was not pleaded. This is not a mere variance or discrepancy between allegata and probata, but an entire failure of proof. R. S. 1899, sec. 798; Murphy v. Bedford, 18 Mo. App. 279; Phleger v. Weltner, 21 Mo. App. 580; Edelen v. Strong, 34 Mo. App. 287; Trimble v. Stewart, 35 M’o. App. 537; Bank v. Umrath, 42 Mo. App. 525; Whipple v. B. & L. Assn., 55…
1Opinion of the Court
BROADDUS, P. J. —
This suit is to recover from defendant the face value, of a certain draft on his customer in Chicago for the price of a quanity of meal. The draft-was drawn in the name of R. J. House & Co., but it is agreed that said company and plaintiff are one and the same.
The draft, accompained by a bill of lading for the meal, was placed in the hands of defendant bank, doing business at Kansas City, Missouri, for collection, which for a consideration agreed to collect the same. The latter in the usual course of business sent the draft with the bill of lading to its correspondent, the…
2Cases cited12 opinions
- Mills v. Bank of United StatesSupreme Court of the United States · 1826
- Freeman's National Bank v. National Tube Works Co.Massachusetts Supreme Judicial Court · 1890
- Commercial Bank of Pennsylvania v. Union Bank of New-YorkNew York Court of Appeals · 1854
- British & American Mortgage Co. v. TibballsSupreme Court of Iowa · 1884
- Daly v. Butchers' & Drovers' BankSupreme Court of Missouri · 1874
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3Cited by5 opinions
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- Martin v. First National Bank in St. LouisSupreme Court of Missouri · 1949
- Maget v. Bartlett Bros. Land & Loan Co.Missouri Court of Appeals · 1931
- State v. FluesmeierSupreme Court of Missouri · 1927
- Arpe v. BrownMissouri Court of Appeals · 1932