Myers v. Commercial Bank
Missouri Court of Appeals
Appeal from the Grundy Circuit Court.— Hon. P. C. Stepp, Judge. Until the draft sued upon had been presented to the bank on which it was drawn by the holder, and payment refused, and notice of dishonor given to the drawer, the holder has no action against the drawer. 3 Am. and Eng. Ency. of Law, p. 212, note 1; Purcell v. Allemong, 22 Gratt. (Va.) 739; Pollard v. Bowen, 57 Ind. 232; Judd v. Smith, 3 Hun. (N. T.) 190; Case v. Morris, 31 Pa.
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Appeal from the Grundy Circuit Court.— Hon. P. C. Stepp, Judge. Until the draft sued upon had been presented to the bank on which it was drawn by the holder, and payment refused, and notice of dishonor given to the drawer, the holder has no action against the drawer. 3 Am. and Eng. Ency. of Law, p. 212, note 1; Purcell v. Allemong, 22 Gratt. (Va.) 739; Pollard v. Bowen, 57 Ind. 232; Judd v. Smith, 3 Hun. (N. T.) 190; Case v. Morris, 31 Pa. St. 100; Fugitt v. Miro», 44 Mo. 295; Salisbury v. BenicJc, 44 Mo. 554; Kimball v. Bonald, 20 Mo. 581; Clements v. Yeates, 69 Mo. 623. The point pressed…
1Opinion of the CourtSmith, P. J.
petition. This is an action on a bank draft. The petition alleges that W. P. Taylor “forged a check purporting to be signed by plaintiff and drawn on the Browning Savings Bank for $424” in favor 0£ jjenry g, Johnson; that said Taylor, representing himself to be said Johnson, sent said forged check to the defendant for collection, and that the defendant presented it to the said Browning Savings Bank for collection, and that the latter bank, believing it to be genuine, paid it to defendant; that afterward the said Taylor, representing himself to be said Johnson, requested the defendant to issue…
2Cases cited6 opinions
- Harker v. AndersonNew York Supreme Court · 1839
- Murray v. JudahNew York Supreme Court · 1826
- Pollard v. BowenIndiana Supreme Court · 1877
- Adams v. DarbySupreme Court of Missouri · 1859
- Purcell v. AllemongSupreme Court of Virginia · 1872
1 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Wooldridge v. BryanSupreme Court of Missouri · 1925