American National Bank v. Pillman
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court.—Hon. Charles Claflin Allen, Judge. (1) The letter sued on is not a direct promise, bnt merely a prospective or contingent guaranty and required a distinct notice of acceptance by the bank. The judgment should be reversed for error of the trial court in holding the latter to a binding contract whenever acted upon by plaintiff without regard to whether defendants were ever apprised of that fact or not. Bank v. Goldstein, 86 Mo.
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Appeal from St. Louis City Circuit Court.—Hon. Charles Claflin Allen, Judge. (1) The letter sued on is not a direct promise, bnt merely a prospective or contingent guaranty and required a distinct notice of acceptance by the bank. The judgment should be reversed for error of the trial court in holding the latter to a binding contract whenever acted upon by plaintiff without regard to whether defendants were ever apprised of that fact or not. Bank v. Goldstein, 86 Mo. App. 516; Bank v. Shine, 48 Mo. 456; Brown v. Eice, 29 Mo. 322; Mfg. Co. v. Isaacs, 144 Mo. App. 58; Plow Co. v. McCullough,…
1Opinion of the CourtNobtoni, J.
This is a suit on a contract of guaranty. Plaintiff recovered and defendant prosecutes the appeal.
Plaintiff, incorporated for that purpose, conducts a general banking business at Macon, Georgia, and defendants are engaged in the fruit business in the city of St. Louis, under the firm name of Pillman Bros. H. T. Montgomery & Co. were engaged in purchasing peaches in the vicinity of, and shipping them from, Macon, Georgia, to fruit dealers throughout the country. In order to prosecute this business and have constantly on hand available funds, H. T. Montgomery & Co. arranged with plaintiff bank…
2Cases cited11 opinions
- Davis v. WellsSupreme Court of the United States · 1881
- Central Savings Bank v. ShineSupreme Court of Missouri · 1871
- Underwood Typewriter Co. v. Century Realty Co.Supreme Court of Missouri · 1909
- Barker v. ScudderSupreme Court of Missouri · 1874
- Vallé v. Cerré'sSupreme Court of Missouri · 1865
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3Cited by4 opinions
- Bank of Plant City v. Canal-Commercial Trust & Savings BankCourt of Appeals for the Fifth Circuit · 1921
- Linro Medicine Co. v. MoonMissouri Court of Appeals · 1915
- Malloy v. Egyptian Tie & Timber Co.Missouri Court of Appeals · 1923
- Ouachita Valley Bank v. DemotteSupreme Court of Arkansas · 1927