People's Saving Bank v. Hughes
Missouri Court of Appeals
Appeal from tl%e Carroll Circuit Court. — Hon. W. W. Bucker, Judge. (1) The court erred in admitting any evidence of any agreement to release defendant Hughes if he would get the debt secured. Because the cashier of plaintiff had no authority to release any security of plaintiff.
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Appeal from tl%e Carroll Circuit Court. — Hon. W. W. Bucker, Judge. (1) The court erred in admitting any evidence of any agreement to release defendant Hughes if he would get the debt secured. Because the cashier of plaintiff had no authority to release any security of plaintiff. Bank v. Hart, 55 N. W. Bep. 631; Bank v. Sailor, 63 Mo. 24; Chew v. JEllingtvood, 86 Mo. 262; Brandt on Suretyship, sec. 474; Story on Agency, secs. 114, 115; Minor v. Bank, 1 Peters, 46; Bank v. Haskell, 12 Am. Bep. 67; Bank v. Bunn, 6 Peters, 51. And the principal is never estopped from inquiry into the authority…
1Opinion of the CourtSmith, P. J.
Tbe petition of plaintiff contains two counts, tbe first of which is on apromisory note, alleged to have been executed and delivered to plaintiff by defendant, with Ervin A. Flora, George Abel and Sophia-Flora, for $350, dated October, 1888, and payable four months after date; and in tbe second of *579which it is alleged that the defendant, with the other of the above named parties, executed and delivered to plaintiff a certain other promissory note, of date February 1, 1888, for $350, payable four months afterdate; that on June 1, 1888, the note last aforesaid was surrendered to Ervin A. Flora…
2Cases cited6 opinions
- Fleckner v. President of the Bank of the United StatesSupreme Court of the United States · 1823
- City Bank of New Haven v. . PerkinsNew York Court of Appeals · 1864
- State Bank v. BartleSupreme Court of Missouri · 1893
- Bank of Commerce v. HartNebraska Supreme Court · 1893
- Chew v. EllingwoodSupreme Court of Missouri · 1885
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3Cited by15 opinions
- Citizens Bank of Senath v. DouglassMissouri Court of Appeals · 1913
- Powers v. WoolfolkMissouri Court of Appeals · 1908
- Bank of Neelyville v. LeeMissouri Court of Appeals · 1917
- Ripley National Bank v. LatimerMissouri Court of Appeals · 1896
- Bank of Houston v. KirkmanMissouri Court of Appeals · 1911
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