Powers v. Woolfolk
Missouri Court of Appeals
Appeal from Jackson Circuit Court. — No». Walter A. PoiceU, Judge. (1) Tbe court erred in overruling appellant’s objection to the introduction in evidence of the note sued on. There is no evidence in the record that Casey had authority to assign the note to respondent. Lee v. Smith, 84 Mo. 304; Tennessee v. Davis, 50 How. Pr.
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Appeal from Jackson Circuit Court. — No». Walter A. PoiceU, Judge. (1) Tbe court erred in overruling appellant’s objection to the introduction in evidence of the note sued on. There is no evidence in the record that Casey had authority to assign the note to respondent. Lee v. Smith, 84 Mo. 304; Tennessee v. Davis, 50 How. Pr. (N. Y.) 447; Bank v. Parmalee, 95 U. S. 557; Bank v. Bank, 66 Fed. 691; Matt, vi, 24. (2) For the same reason the court erred in refusing appellant’s instruction numDer 4. (3) If at the time the one thousand dollars was paid, the note was in possession of the bank, or if…
1Opinion of the CourtEllison, J.
Plaintiff’s action is based on a negotiable promissory note for fifteen hundred dollars. He obtained judgment in the trial court, less $132, which was allowed by that- court as a credit, the circumstances of which we need not state since plaintiff is not complaining.
There was a private banking house in Clinton, Missouri, known under the name of Salmon & Salmon, which did a general banking business. The bank Avas practically under the exclusive management arid control of T. M. Casey, Avho Avas its cashier. • The plaintiff made a time deposit Avith the bank of $10,000 at five per cent interest…
2Cases cited10 opinions
- Barnes v. McMullinsSupreme Court of Missouri · 1883
- Traders' National Bank v. ParkerNew York Court of Appeals · 1892
- Ballard v. BurtonSupreme Court of Vermont · 1892
- Vansandt v. HobbsMissouri Court of Appeals · 1900
- Howe v. TaggartMassachusetts Supreme Judicial Court · 1882
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3Cited by14 opinions
- Scott v. TaylorSupreme Court of Florida · 1912
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- Bank of Kirksville v. SloopMissouri Court of Appeals · 1917
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