Missouri Lincoln Trust Co. v. Third National Bank
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — Ho». Virgil Rule, Judge. (1) Tlie first count of -tlie plaintiff’s petition states a good cause of action on the theory of the defendant’s negligence which resulted in the plaintiff’s loss. Negligence is the failure to observe for the precaution or safety of the interests of other persons, that degree of care, precaution and. vigilance which the circumstances justly demand. Henry v. Railroad, 67 Fed. 426; Thompson, Com.
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Appeal from St. Louis City Circuit Court. — Ho». Virgil Rule, Judge. (1) Tlie first count of -tlie plaintiff’s petition states a good cause of action on the theory of the defendant’s negligence which resulted in the plaintiff’s loss. Negligence is the failure to observe for the precaution or safety of the interests of other persons, that degree of care, precaution and. vigilance which the circumstances justly demand. Henry v. Railroad, 67 Fed. 426; Thompson, Com. Neg., sec. 1; Cooley, Torts (2 Ed.), p. 572; Wencker v. Railroad, 16i9 Mo. 592. Where one of two innocent persons must suffer for…
1Opinion of the CourtReynolds, P. J.
The amended petition in this case, as set out in the transcript before us, contains two counts or statements of the cause of action relied upon by plaintiff, both, however, relating to one and the same transaction, the grounds of recovery only differing. After averring the incorporation of the parties, for its first cause of action the plaintiff states that on and for a long time prior to September 8,1906, one Parker was a depositor in and customer of the defendant; that, on the 8th day of September, 1906, the St. Louis and San Francisco Railroad Company drew its check upon the State National…
2Cases cited12 opinions
- Graves v. . the American Exchange BankNew York Court of Appeals · 1858
- First National Bank v. Northwestern National BankIllinois Supreme Court · 1894
- White v. . Continental National BankNew York Court of Appeals · 1876
- Corn Exchange Bank v. . Nassau BankNew York Court of Appeals · 1883
- National Bank of Commerce v. Mechanics' American National BankMissouri Court of Appeals · 1910
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3Cited by10 opinions
- First Nat. Bank v. United States Nat. BankOregon Supreme Court · 1921
- Rien, Trustee, Etc. v. CooperSupreme Court of Minnesota · 1942
- McClendon v. Bank of AdvanceMissouri Court of Appeals · 1915
- Field v. Natl. City Bank of St. LouisSupreme Court of Missouri · 1938
- Wintergerst v. Court of HonorMissouri Court of Appeals · 1914
5 more not listed; retrieve them via the Exa API.