Rose v. First National Bank
Supreme Court of Missouri
Appeal from Greene Circuit Court. — Hon. W. F. Geiger, Judge. (1) The petition in this case alleges that the plaintiff made a demand, through a check drawn on defendant, for the sum of two hundred dollars, the amount sued for.
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Appeal from Greene Circuit Court. — Hon. W. F. Geiger, Judge. (1) The petition in this case alleges that the plaintiff made a demand, through a check drawn on defendant, for the sum of two hundred dollars, the amount sued for. Not only is this an allegation which the law requires to be proven, because it is a material allegation made in the petition, but it is well known that, according to the rules and customs of banking, and the law which governs banking, before the depositor can withdraw his funds, he must make a written demand, in form of a check. No such proof was made in this case. The…
1Opinion of the CourtBlack, J.
This was a.n action to recover a balance of two hundred dollars claimed to be due on plaintiff’s deposit account. The bank had paid and charged to his account a check for a like amount, purporting tobe signed by the plaintiff. Whether this check was genuine or a forgery was the issue tried.
For the defence, the cashier testified that he knew the plaintiff’s handwriting. He examined the disputed check and several other checks, then in evidence for other' purposes, and conceded to be genuine, and stated that the signatures to all of the checks were in the handwriting of the plaintiff; that they…
2Cases cited3 opinions
- State v. ClintonSupreme Court of Missouri · 1878
- Massey v. Farmers' National BankIllinois Supreme Court · 1882
- State v. ScottSupreme Court of Missouri · 1870
3Cited by17 opinions
- Fourth National Bank v. McArthurSupreme Court of North Carolina · 1915
- Geer v. Missouri Lumber & Mining Co.Supreme Court of Missouri · 1896
- First National Bank v. StanleyMissouri Court of Appeals · 1891
- State v. MintonSupreme Court of Missouri · 1893
- Stillwell v. PattonSupreme Court of Missouri · 1891
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