Guthrie v. Waite
Missouri Court of Appeals
Appeal from Jasper Circuit Court. — Hon. Howard Gray, Judge. (1) Granting that Louisa Guthrie was the owner of the funds in the Franklin Bank at St. Louis, the check given by her to the Velvet Mining Company when accepted and paid by the Franklin Bank and issuance of its draft to the Velvet Mining Company was an absolute assignment of her funds to the company. The drawer cannot revoke the owner’s right. Lewis v. International, 13 Mo.
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Appeal from Jasper Circuit Court. — Hon. Howard Gray, Judge. (1) Granting that Louisa Guthrie was the owner of the funds in the Franklin Bank at St. Louis, the check given by her to the Velvet Mining Company when accepted and paid by the Franklin Bank and issuance of its draft to the Velvet Mining Company was an absolute assignment of her funds to the company. The drawer cannot revoke the owner’s right. Lewis v. International, 13 Mo. App. 205; Morrison v. McCartney, 30 Mo. 183; Chouteau v. Rouse, 56 Mo. 65; McGrade v. Savings Institution, 4 Mo. App. 339. (2) If Louisa Guthrie parted with her…
1Opinion of the CourtBroaddus, P. J.
This is a proceeding by inter-plea. The facts are as follows: The Velvet Mining Company is a corporation organized for mining purposes. The respondent Louisa W. Guthrie was a stockholder in said company, and her husband O. B. Guthrie is and was its secretary, treasurer and general manager. In February, 1906, the company had been sued in a justice of peace court in unlawful detainer for the possession of its lease and damages in the sum of $2,000. Judgment was rendered against the company and the said O’. B. Guthrie employed the appellants Mclndoe & Thurman, attorneys at law, to appeal the…
2Cases cited4 opinions
- Morrison v. McCartneySupreme Court of Missouri · 1860
- McGrade v. German Savings InstitutionMissouri Court of Appeals · 1877
- Chouteau v. RowseSupreme Court of Missouri · 1874
- Lewis v. International BankMissouri Court of Appeals · 1883
3Cited by3 opinions
- National Surety Corporation v. FisherSupreme Court of Missouri · 1958
- General Motors Acceptance Corp. v. Farm & Home Savings & Loan Ass'nMissouri Court of Appeals · 1933
- Gen. Motors Accept. v. F. H. Sav. L. Assoc.Missouri Court of Appeals · 1933