Legal Opinion

Nichols v. Commercial Bank

Missouri Court of Appeals

Decided November 20, 1893PublishedCited by 6 opinions

Appeal from the Nodaway Circuit Court. — Hon. Cyrus A. Anthony, Judge. (1) All of the statements of the assistant cashier were verbal, and, therefore, created nó binding obligation on the bank to pay the check. A promise to accept or pay a check, as in the case of bills of exchange, must be in writing. Bank v. Bank, 30 Mo.

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Appeal from the Nodaway Circuit Court. — Hon. Cyrus A. Anthony, Judge. (1) All of the statements of the assistant cashier were verbal, and, therefore, created nó binding obligation on the bank to pay the check. A promise to accept or pay a check, as in the case of bills of exchange, must be in writing. Bank v. Bank, 30 Mo. App. 271; Bisley v. Bank, 83 N. Y. 318; Walton v. Mandeville, 56 Iowa, 597; Randolph on Commercial Paper, voh 1, sec. 80, says a postdated check is, to all intents and purposes, a bill of exchange. To the same effect see Id. vol. 2, sec. 568, 648; Daniel on Negotiable…

1Opinion of the CourtSmith, P. J.

This is an action brought by plaintiff against the defendant, a corporate bank, to recover damages.

The cause was submitted to the court upon an agreed statement of facts, the substance of which was: First. That the plaintiff, a farmer residing near Burlington Junction, entered into a parol contract with one, Logan, whereby the plaintiff was to sell and deliver to the latter at the farm of the former certain cattle at a price to be agreed upon, the cattle to be delivered and the purchase money paid by a check on defendant bank. The cattle were to be shipped to Perry Bros., at Omaha. Second.…

2Cases cited6 opinions

  1. Flato v. MulhallSupreme Court of Missouri · 1880
  2. Brinkman v. HunterSupreme Court of Missouri · 1880
  3. Peers v. Davis' AdministratorsSupreme Court of Missouri · 1859
  4. Bank of Springfield v. First National BankMissouri Court of Appeals · 1888
  5. Lee v. PorterMissouri Court of Appeals · 1885

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3Cited by6 opinions

  1. Himmel v. LeimkuehlerMissouri Court of Appeals · 1959
  2. Wood v. Kansas CitySupreme Court of Missouri · 1901
  3. Smith v. Smith Bros.Missouri Court of Appeals · 1895
  4. Sursa v. CashMissouri Court of Appeals · 1913
  5. Thompson v. Main Street BankMissouri Court of Appeals · 1929

1 more not listed; retrieve them via the Exa API.

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