Waters-Pierce Oil Co. v. American Exchange Bank
Missouri Court of Appeals
Appeal from the St. Louis City Circuit Court. — Hon* Hobatio D. Wood, Judge. The bank cheek drawn only for part of a drawer’s deposit is not an assignment of the fund pro tanto. Dickinson v. Coates, 79 Mo. 250; Coates v. Doran, 83 Id. 337; Boyer v. Hamilton, 21 Mo. App. 523, 524; 2 Daniel on Neg.
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Appeal from the St. Louis City Circuit Court. — Hon* Hobatio D. Wood, Judge. The bank cheek drawn only for part of a drawer’s deposit is not an assignment of the fund pro tanto. Dickinson v. Coates, 79 Mo. 250; Coates v. Doran, 83 Id. 337; Boyer v. Hamilton, 21 Mo. App. 523, 524; 2 Daniel on Neg. Inst., secs. 1635-1645; Bank v. Yardly, 17 S. 0. Bep. 439. Bell is a statutory receiver, and as such, by force of the Arkansas insolvency act and the decree of the court, has a standing in a court of Missouri as against a Missouri creditor of the Arkansas corporation. He is a statutory trustee and is…
1Opinion of the CourtBland, P. J.
The respondent is a Missouri corporation. The appellant Bell is a resident of the state of Arkansas. The facts are, that the City Savings Bank and Trust Company, an Arkansas corporation, heretofore doing business at Hot Springs, Arkansas, on April 29, 1896, drew a draft for $253.80 on the American Exchange Bank of St. Louis (its depository) payable to the order of the respondent, which draft was on the second day of May, 1896, presented to the American Exchange Bank for payment, which was refused. The draft was duly protested for nonpayment, of which notice to the drawer was given. The…
2Cases cited8 opinions
- Relfe v. RundleSupreme Court of the United States · 1881
- Burgert v. BorchertSupreme Court of Missouri · 1875
- Willitts v. . WaiteNew York Court of Appeals · 1862
- Farmers & Merchants Insurance ex rel. Benneson v. NeedlesSupreme Court of Missouri · 1873
- Robertson v. StaedSupreme Court of Missouri · 1896
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3Cited by2 opinions
- McDonald v. Pacific States Life InsuranceSupreme Court of Missouri · 1939
- Ely-Walker Dry Goods Co. v. McLaughlin, Dyer & Co.Missouri Court of Appeals · 1901