Midland National Bank v. Roll
Missouri Court of Appeals
Appeal from Jackson Circuit Court. — Hon. C. L. Dob-son, Judge. f (1) The restrictive indorsement of a bill or check for collection destroys the negotiability of the paper, and operates as a mere authority to the transferee to receive the proceeds for the use of the indorser. Bank v. Paclcing Co., 4 Mo.
Read the full summary
Appeal from Jackson Circuit Court. — Hon. C. L. Dob-son, Judge. f (1) The restrictive indorsement of a bill or check for collection destroys the negotiability of the paper, and operates as a mere authority to the transferee to receive the proceeds for the use of the indorser. Bank v. Paclcing Co., 4 Mo. App. 200-211; s. c., 70 Mo. 643; Patterson v. Cave, 61 Mo. 439; Quigley v. Banlc, 80 Mo. 295; Weber v. Orton, 93 Mo. 677-680; Banlc v. Banlc, 107 Mo. 402, 407, 410, 412, 413; Bury v. Woods, 17 Mo. App. 245. The indorsement “for collection and credit” did not authorize the crediting of the…
1Opinion of the CourtEllison, J.
The plaintiff sued defendant as indorser of a,bank check for $196, and recovered judgment in the circuit court.
The facts, since the finding of the trial court in plaintiff’s favor, may be stated to be these: Defendant had business relations with the Continental Trust Company, which did a banking business. Arnoldly Bros, drew their check in favor of defendant for the *588sum aforesaid, on the Beloit State Bank. Defendant indorsed the check in blank and deposited it with the Continental Trust Company and received credit therefor — said company being then insolvent, unknown to' defendant, but known…
2Cases cited7 opinions
- Ayres v. Farmers & Merchants BankSupreme Court of Missouri · 1883
- Dickerson v. . WasonNew York Court of Appeals · 1872
- Northwestern National Bank v. Bank of CommerceSupreme Court of Missouri · 1891
- Carroll v. BankWest Virginia Supreme Court · 1887
- Lewis v. DunlapSupreme Court of Missouri · 1880
2 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Olinger v. SandersIndiana Court of Appeals · 1931
- Bassford v. WestMissouri Court of Appeals · 1907
- Dymock v. Midland National BankMissouri Court of Appeals · 1896
- Cottondale Planting Co. v. Diehlstadt BankMissouri Court of Appeals · 1926
- National City Bank v. MacOn Creamery Co.Supreme Court of Missouri · 1932