Dymock v. Midland National Bank
Missouri Court of Appeals
Appeal from the Jackson Circuit Court. — Hon. E. L. Scaeeitt, Judge. (1) Where, by a course of business, a customer deposits checks, drafts, etc., in his bank, and the bank at once places the same to his credit on its books and upon Ms pass book, tbe bank becomes tbe purchaser for vaMe of the various items. It is the same as though the bank had purchased the items, paid cash for them to the customer, and the latter had returned and deposited the cash.
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Appeal from the Jackson Circuit Court. — Hon. E. L. Scaeeitt, Judge. (1) Where, by a course of business, a customer deposits checks, drafts, etc., in his bank, and the bank at once places the same to his credit on its books and upon Ms pass book, tbe bank becomes tbe purchaser for vaMe of the various items. It is the same as though the bank had purchased the items, paid cash for them to the customer, and the latter had returned and deposited the cash. Building and Loan Ass’n v. Bank, 28 S. W. Rep. (Mo). 633; Benton v. Bank, 26 S. W. Rep. (Mo.) 975; Flannery v. Coates, 80 Mo. 444; Ayres v.…
1Opinion of the CourtSmith, J.
By reference to 54 Mo. App. 400, a full report of this case when it was here on a former appeal will be found. For the purpose of a general understanding of the present case, we think the statement there will suffice.
Every question arising on the record in the case now before us, except that which we shall hereafter notice, was there fully considered and determined. The only question in the case remaining to be determined is whether the defendant bank was a bona fide holder of the bill of lading with draft attached.
It appears from the uncontradicted testimony of Mr. Winants, vice-president of…
2Cases cited14 opinions
- State Bank v. FrameSupreme Court of Missouri · 1892
- Fitzgerald v. BarkerSupreme Court of Missouri · 1888
- Ayres v. Farmers & Merchants BankSupreme Court of Missouri · 1883
- Benton v. German-American National BankSupreme Court of Missouri · 1894
- Gate City Building & Loan Ass'n v. National Bank of CommerceSupreme Court of Missouri · 1894
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3Cited by4 opinions
- National Bank of Commerce v. BossemeyerNebraska Supreme Court · 1917
- Midwest National Bank & Trust Co. v. Parker Corn Co.Missouri Court of Appeals · 1922
- National City Bank v. MacOn Creamery Co.Supreme Court of Missouri · 1932
- American Valley Co. v. WymanMissouri Court of Appeals · 1902