Lee v. Smith
Supreme Court of Missouri
Appeal from JaeJcson Circuit Court. — Hon. F. M. Black, Judge. (1) Tbe court committed error in overruling appellant’s application for a change of venne. R. S. 1879, sec. 3729. (2) The bank ought to be held liable. The bank, under the circumstances, ought to be estopped to deny the certificate of its cashier. Bigelow on Estoppel, p. 451, et seq. ; Western, etc., JR. JR. v. Franklin Bk., 1 Am. and Eng.
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Appeal from JaeJcson Circuit Court. — Hon. F. M. Black, Judge. (1) Tbe court committed error in overruling appellant’s application for a change of venne. R. S. 1879, sec. 3729. (2) The bank ought to be held liable. The bank, under the circumstances, ought to be estopped to deny the certificate of its cashier. Bigelow on Estoppel, p. 451, et seq. ; Western, etc., JR. JR. v. Franklin Bk., 1 Am. and Eng. Corp. cases, p. 46. The appellant gave up and cancelled the note of Alther & Co., in reliance upon the certificates, and was not in the same position as before the transaction. McBride v.…
1Opinion of the Court
Maktin, C.
This is a proceeding on appeal from the action of an assignee in refusing to allow four certificates of deposit as just demands in favor of plaintiff against the bank assets held by defendant, as assignee. After the appeal was entered in the circuit court, the parties appeared by their respective attorneys and waived a trial by jury. After the case had been pending in the circuit court a long time, the plaintiff, on the fifteenth day of December, 1883, made an application for a change of venue, alleging as ground therefor “ that the opposite party had an undue influence over the…
2Cases cited3 opinions
- West St. Louis Savings Bank v. Shawnee County BankSupreme Court of the United States · 1877
- Claflin v. Farmers' & Citizens' Bank of Long IslandNew York Court of Appeals · 1862
- Mercantile Mutual Insurance v. Hope InsuranceMissouri Court of Appeals · 1880
3Cited by15 opinions
- German Savings Bank of Des Moines v. Des Moines National Bank of Des MoinesSupreme Court of Iowa · 1904
- St. Charles Savings Bank v. EdwardsSupreme Court of Missouri · 1912
- Bank of Commerce v. HartNebraska Supreme Court · 1893
- Mendel v. BoydNebraska Supreme Court · 1904
- St. Charles Savings Bank v. Orthwein Investment Co.Missouri Court of Appeals · 1911
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