Central Savings Bank v. Danckmeyer
Missouri Court of Appeals
Error to the Buchanan Circuit Court. — Hon. A. M. Woodson, Judge. (1) We maintain that it was the duty of the plaintiff on learning of the forgery to elect which remedy it would pursue; whether on the original debt, and tender the discount or profit of the forged note, or whether it would keep the ten per cent discount and sue upon the forged note.
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Error to the Buchanan Circuit Court. — Hon. A. M. Woodson, Judge. (1) We maintain that it was the duty of the plaintiff on learning of the forgery to elect which remedy it would pursue; whether on the original debt, and tender the discount or profit of the forged note, or whether it would keep the ten per cent discount and sue upon the forged note. Mason v. Jacob, 93 Mo. 331; Johnson v. Bank, 116 Mo. 558. It elected the latter remedy, kept the profit of the transaction, and never offered to tender, credit, or in any way pay back the benefit it received from the discount of the forged note…
1Opinion of the CourtEllison, J.
The following agreed statement of facts contains a sufficient statement of the case:
statement. “That on or about the twenty-second day of May, 1890, Carl Steffens, now deceased, and Charles Danckmeyer, executed and delivered to said their promissory note, of which the following is a copy:
*171“ ‘$700. St. Joseph, Mo., May 22, 1890.
“ ‘Four months after date, we, as principals, promise to pay to the order of the Central Savings Bank of St. Joseph, seven hundred dollars, for value received, at the office of said bank, in St. Joseph, Mo., with interest at the rate of ten per cent per annum after…
2Cases cited4 opinions
- Driskell v. MateerSupreme Court of Missouri · 1861
- Teague v. RussellSupreme Court of Alabama · 1830
- First National Bank v. LillardMissouri Court of Appeals · 1894
- Brooking v. Farmers' BankCourt of Appeals of Kentucky · 1885
3Cited by4 opinions
- Bank of Neelyville v. LeeMissouri Court of Appeals · 1917
- Hartwig v. Security Mutual Life InsuranceMissouri Court of Appeals · 1912
- Hogan v. KaiserMissouri Court of Appeals · 1905
- Lewis v. SmithMissouri Court of Appeals · 1914