Kearney Bank v. Froman
Supreme Court of Missouri
Appeal from Clay Circuit Court. — Hon. James M. Sandusky, Judge. (1) The instruction number 14 given by the court of its own motion was clearly erroneous. Knowledge obtained privately by a director in a bank can not be imputed to the bank, unless it is shown to have been communicated to the bank. Johnston v. Shortridge, 93 Mo. 227; Hyde v. Larkin, 35 Mo. App. 365; Savings Ass’n v. Printing Co., 25 Mo. App. 642; Bank v. Schaumberg, 38 Mo. 228; Hayward v. Ins.
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Appeal from Clay Circuit Court. — Hon. James M. Sandusky, Judge. (1) The instruction number 14 given by the court of its own motion was clearly erroneous. Knowledge obtained privately by a director in a bank can not be imputed to the bank, unless it is shown to have been communicated to the bank. Johnston v. Shortridge, 93 Mo. 227; Hyde v. Larkin, 35 Mo. App. 365; Savings Ass’n v. Printing Co., 25 Mo. App. 642; Bank v. Schaumberg, 38 Mo. 228; Hayward v. Ins. Co., 52 Mo. 189. (2) The evidence of Sam Smith as to what Anderson had told him about James H. Froman being security for Samuel C.…
1Opinion of the CourtMacfarlane, J.
Action against both defendants on two promissory notes, each of which was signed by S. C. Froman alone. Defendants were charged as partners doing business under the firm name of S. C. *431Proman. Two controlling issues were made by the pleadings: First, were defendants in fact partners; and, second, if not, did James H. Proman hold himself out to plaintiff as such partner.
Samuel C. Proman, a son of James H., was engaged in buying, selling and dealing in mules. The evidence tended to prove that James H. Proman had an interest in some of the mules bought and sold by his son and that he informed the…
2Cases cited3 opinions
- Merchants' National Bank v. LovittSupreme Court of Missouri · 1893
- Benton v. German-American National BankSupreme Court of Missouri · 1894
- Johnston v. ShortridgeSupreme Court of Missouri · 1887
3Cited by10 opinions
- Commercial Casualty Ins. v. Fruin-Colnon Contracting Co.Court of Appeals for the Eighth Circuit · 1929
- School Dist. of City of Sedalia v. De WeeseU.S. Circuit Court for the District of Missouri · 1900
- Gregmoore Orchard Co. v. GilmourMissouri Court of Appeals · 1911
- Holmes v. FarrisMissouri Court of Appeals · 1902
- Penfield Investment Co. v. BruceMissouri Court of Appeals · 1908
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