Thompson v. National Bank of Commerce
Missouri Court of Appeals
Appeal from Jackson Circuit Court. — Now. John G. Park, Judge. (1) The motion of defendants to have the cause placed on the court docket, and tried as an equity cause should have been sustained. The answer admitted the execution and delivery of the check, the stoppage of payment thereof, plead mistake, and asked affirmative equitable .relief. Hodges v. Black, 8 Mo.
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Appeal from Jackson Circuit Court. — Now. John G. Park, Judge. (1) The motion of defendants to have the cause placed on the court docket, and tried as an equity cause should have been sustained. The answer admitted the execution and delivery of the check, the stoppage of payment thereof, plead mistake, and asked affirmative equitable .relief. Hodges v. Black, 8 Mo. App. 393; Wendover v. Baker, 121’ Mo. 289; Lewis v. Rhodes, 150 Mo. 501; Martin v. Turnbaugh, 153 Mo. 184; Trust Co. v. Nathan, 1T5 Mo. 42; Shaffer v. Detie, 191 Mo. 388. (2) The third instruction given for plaintiff, and the…
1Opinion of the CourtEllison, J.
This action was instituted to recover of the defendant bank the amount of a check given to plaintiff by defendants Houston, Fible & Co. Houston, Fible & Co. were not made parties by the plaintiff; after action Avas instituted they came into court by mo*227tion and on their showing they were made defendants by the court. They then filed an answer. They then asked that the case be transferred to the equity docket and that it. be heard as an equity case. These requests were refused by the court. A trial was then had before a jury, when a verdict was returned for the plaintiff, upon which judgment…
2Cases cited8 opinions
- Lincoln Trust Co. v. NathanSupreme Court of Missouri · 1903
- Koontz v. Central National BankSupreme Court of Missouri · 1873
- Shaffer v. DetieSupreme Court of Missouri · 1905
- Wolff v. SchaefferMissouri Court of Appeals · 1877
- Beland v. Anheuser-Busch Brewing Ass'nSupreme Court of Missouri · 1900
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3Cited by4 opinions
- Babcock v. RiegerSupreme Court of Missouri · 1933
- Berryman v. Maryland Motor Car Ins.Missouri Court of Appeals · 1918
- Jones v. Miners & Merchants BankMissouri Court of Appeals · 1910
- Thompson v. National Bank of CommerceMissouri Court of Appeals · 1910