Neff v. Greene County National Bank
Supreme Court of Missouri
Appeal from Greene Circuit Court. — Hon. W. F. Ctfugee, Judge. (1) Befendant ’s failure for two terms to make any ■defence was punishable negligence, and the court should have granted the judgment prayed for by appellant. The provisions of the statute are mandatory. R. S., sec. 3675 ; Edwards v. Watkins, 17 Mo. 273. (2) The-court should have allowed an examination of the jury as to their relationship to defendant. A corporation is its stockholders and officers.
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Appeal from Greene Circuit Court. — Hon. W. F. Ctfugee, Judge. (1) Befendant ’s failure for two terms to make any ■defence was punishable negligence, and the court should have granted the judgment prayed for by appellant. The provisions of the statute are mandatory. R. S., sec. 3675 ; Edwards v. Watkins, 17 Mo. 273. (2) The-court should have allowed an examination of the jury as to their relationship to defendant. A corporation is its stockholders and officers. R. S., sec. 2796; Angelí <&■ Ames on Corp. [8 Ed.] 21. (3) Evidence of a partnership between appellant and Spillman was improper. (4)…
1Opinion of the CourtNorton, J.
This suit was instituted in the Greene county circuit court to recover the sum of one thousand dollars, which plaintiff alleged in his petition he had deposited in defendant bank, payment of which had been refused him, on his demand. The answer was a general denial. On the trial judgment was rendered for the defendant from which the plaintiff has appealed to this court.
Plaintiff was introduced as a witness on his own behalf, and his evidence tended to show that on the eighteenth day of November, 1880, he deposited in the bank one thousand dollars, which was received by the cashier; that he…
2Cited by6 opinions
- Gaunt v. Alabama Bound Oil & Gas Co.Court of Appeals for the Eighth Circuit · 1922
- Ellis v. First Nat. Bank of WoonsocketSupreme Court of Rhode Island · 1901
- Sawyer v. National Shawmut BankMassachusetts Supreme Judicial Court · 1940
- People's Nat. Bank of Tyler v. William Tell Lodge No. 27, I. O. O. F.Court of Appeals of Texas · 1934
- Glass v. Nebraska State BankNebraska Supreme Court · 1963
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