Bank of Darlington v. Powers
Missouri Court of Appeals
Appeal from Gentry Circuit Court. — Row. Gallatin Craig, Judge. (1) The court erred in refusing to give defendant’s instruction 4, as under the law and evidence in this case it should have been given. By refusing it, the jury was deprived of the right to consider the Chattin & Butler note in arriving at their verdict. Menkens v. Menkens, 23 Mo. 252; Chouteau v. McGenis, 28 Mo. 187; State to use v. Berning, 74 Mo. 87; Parker v. Straat, 39 Mo.
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Appeal from Gentry Circuit Court. — Row. Gallatin Craig, Judge. (1) The court erred in refusing to give defendant’s instruction 4, as under the law and evidence in this case it should have been given. By refusing it, the jury was deprived of the right to consider the Chattin & Butler note in arriving at their verdict. Menkens v. Menkens, 23 Mo. 252; Chouteau v. McGenis, 28 Mo. 187; State to use v. Berning, 74 Mo. 87; Parker v. Straat, 39 Mo. App. 616. (2) ' The unlawful taking of chattels of another, or if the party is in unlawful possession of the chattels of another and alters the nature of…
1Opinion of the CourtBroaddus, J.
This is a suit on a promissory note dated December 1,1900, for five hundred and seventy dollars, due in ninety days after date with eight per cent interest from maturity, payable at the plaintiff bank and credited with a payment of $70 made on July 23,1901. The defense was payment.
It was disclosed on the trial that on and prior to the 28th day of May, 1895, the defendant, who was a manufacturer of well augers at the town of Stanberry, Missouri, was indebted to the Bank of Stanberry in the *418sum of $5,000, which bank held a number of promissory-notes belonging to defendant as collateral security…
2Cases cited6 opinions
- Seibel v. SiemonSupreme Court of Missouri · 1880
- O'Donoghue v. CorbySupreme Court of Missouri · 1856
- Menkens v. MenkensSupreme Court of Missouri · 1856
- Neiswanger v. SquierSupreme Court of Missouri · 1880
- Thomas Manufacturing Co. v. HuffMissouri Court of Appeals · 1895
1 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- American Ins. Co. v. EdwardsCourt of Appeals of Texas · 1935
- Bruce v. KaysMissouri Court of Appeals · 1928