Stone v. Gilliam Exchange Bank
Missouri Court of Appeals
Appeal from the Saline Circuit Court. — Hon. Bichard Eield, Judge. , (1) Tbe transfer of tbe checks by tbe plaintiff to her husband, E. M. Stone, was not by indorsement in blank but by written assignment in full, in her own handwriting, and signed by herself.
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Appeal from the Saline Circuit Court. — Hon. Bichard Eield, Judge. , (1) Tbe transfer of tbe checks by tbe plaintiff to her husband, E. M. Stone, was not by indorsement in blank but by written assignment in full, in her own handwriting, and signed by herself. This assignment had the legal effect to put the title of said checks in her husband and gave him full power and authority to collect them and use the- proceeds as he saw proper; and this is even true of a blank indorsement. Bank v. Bank, ¶1 Mo. 183. (2) The written assignments of the checks, by the plaintiff to her husband, was a full…
1Opinion of the CourtEllison, J.
statement. This is an action to recover of defendant the amount (less $20) of two checks, one for $597 and the other for $298. Plaintiff prevailed in the trial court. The following are the facts necessary to an understanding of our decision. Plaintiff is a married woman, her maiden name being Louisa J. Eversman, but before her marriage she had sold some real estate, the checks being for the sale money On the next day after her marriage she indorsed each check to her husband; the checks and indorsements being as follows:
“Gilliam, Mo., June 5th, 1896.
“Gilliam Exchange Bank—
“Pay to Eobert BE.…
2Cases cited8 opinions
- Leete v. State Bank of St. LouisSupreme Court of Missouri · 1893
- Rodgers v. Bank of Pike CountySupreme Court of Missouri · 1879
- Broughton v. BrandSupreme Court of Missouri · 1887
- Seay v. HesseSupreme Court of Missouri · 1894
- McGuire v. AllenSupreme Court of Missouri · 1891
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3Cited by4 opinions
- Brown v. DaughertyU.S. Circuit Court for the District of Missouri · 1903
- Stenson v. LancasterMissouri Court of Appeals · 1914
- Mann v. Farmers Exchange Bk. of GallatinMissouri Court of Appeals · 1932
- McLean v. MillerOhio Superior Court, Cincinnati · 1907