Whitsett v. Peoples National Bank
Missouri Court of Appeals
Appeal from Johnson Circuit Court. — Hon. NioJc M. Bradley, Judge. (1) No transfer of fund was made to be waived or ratified. (2) No evidence of a transfer of the fund from Whitsett to Ferguson. (3) To constitute waiver there must be both knowledge and acquiescence, something must be done or the party must forbear the doing of something. Williams v. Railroad, 153 Mo. 519; Haysler v. Owen, 61 M'o. 274; Johnson Co. v. Lowe, 72 Mo. 637. The knowledge must be actual.
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Appeal from Johnson Circuit Court. — Hon. NioJc M. Bradley, Judge. (1) No transfer of fund was made to be waived or ratified. (2) No evidence of a transfer of the fund from Whitsett to Ferguson. (3) To constitute waiver there must be both knowledge and acquiescence, something must be done or the party must forbear the doing of something. Williams v. Railroad, 153 Mo. 519; Haysler v. Owen, 61 M'o. 274; Johnson Co. v. Lowe, 72 Mo. 637. The knowledge must be actual. Thresher Co. v. Pierce, 74 Mo. App. 684; Webb v. Allington, 27 Mo. App. 559. (4) Acquiescence no waiver unless estoppel. Fairbanks,…
1Opinion of the CourtJohnson, J.
— Plaintiff sued defendant bank to recover a deposit. Special defenses to which we shall refer were interposed in the answer. In obedience to a peremptory instruction from the court, the jury returned a verdict for plaintiff for the amount claimed in the petition, but on the hearing of the motion for a new trial, filed by defendant, the court set aside the verdict and granted a new trial. Plaintiff appealed.
Plaintiff, a dealer in live stock at Centerview, a town about six miles from Warrensburg, shipped some cattle in his own name to Kansas City and sold them on the market on January 17,…
2Cases cited18 opinions
- People v. President & Directors of the Manhattan Co.New York Supreme Court · 1832
- Interstate National Bank v. ClaxtonTexas Supreme Court · 1904
- Hewitt v. SteeleSupreme Court of Missouri · 1893
- West v. PlattMassachusetts Supreme Judicial Court · 1879
- Iron Mountain Bank v. ArmstrongSupreme Court of Missouri · 1887
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3Cited by12 opinions
- Gaunt v. Alabama Bound Oil & Gas Co.Court of Appeals for the Eighth Circuit · 1922
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- Rogers v. GruberSupreme Court of Missouri · 1943
- Jackson Savings & Loan Ass'n v. SeabaughMissouri Court of Appeals · 1965
- New Amsterdam Casualty Co. v. First Nat. Bank in Oklahoma CitySupreme Court of Oklahoma · 1930
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