Storts v. Mills
Missouri Court of Appeals
Appeal from Jackson Circuit Court. — Son. E. L. Scarritt, Judge. (1) Instructiqn No. 4, asked by appellant, should have been given, because the testimony clearly showed that as between appellant and respondent’s assignor, appellant was always the owner of the notes, and therefore had the right to apply the proceeds of the collateral to the payment of the balance due her from the assignor on account.
Read the full summary
Appeal from Jackson Circuit Court. — Son. E. L. Scarritt, Judge. (1) Instructiqn No. 4, asked by appellant, should have been given, because the testimony clearly showed that as between appellant and respondent’s assignor, appellant was always the owner of the notes, and therefore had the right to apply the proceeds of the collateral to the payment of the balance due her from the assignor on account. (2) The respondent, as assignee for the benefit of creditors, had no greater rights as against appellant than the Citizens Stock Bank would have had if it had remained a going concern. Homer v.…
1Opinion of the CourtSmith, P. J.
The Citizens’ Stock Bank of Slater and the Bank of H. S. Mills of Kansas City, were each incorporated banking associations organized under the statutes of this State.
On April 3, 1894, the former, which, for convenience we shall hereafter refer to as the Stock Bank, was indebted to the latter, which we shall hereafter refer to as the Mills Bank, in the sum of twenty-five thousand dollars, evidenced by two notes, one for twelve and the other for thirteen thousand dollars; on said day and year the Stock Bank executed to the said defendant its two promissory notes for twelve and thirteen thousand…
2Cases cited16 opinions
- Casey v. CavarocSupreme Court of the United States · 1878
- Fera v. . WickhamNew York Court of Appeals · 1892
- Conrad v. FisherMissouri Court of Appeals · 1889
- Huse v. AmesSupreme Court of Missouri · 1890
- Green v. ConradSupreme Court of Missouri · 1893
11 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Gibson v. HarlMissouri Court of Appeals · 1993
- Dalton v. Sturdivant BankMissouri Court of Appeals · 1934
- Merchants' Ice & Fuel Co. v. Holland Baking Co.Missouri Court of Appeals · 1928
- Ottumwa National Bank v. TottenMissouri Court of Appeals · 1905
- Qualley v. Snoqualmie Valley BankWashington Supreme Court · 1925
2 more not listed; retrieve them via the Exa API.