Farmers' Bank v. Fudge
Missouri Court of Appeals
Appeal from Jackson Circuit Court. — Hon. W. B. Teasdale, Judge. (1) Proof upon the trial that respondent was a partnership and not a corporation, is not proof of a material allegation of the petition, hut in fact a disproof thereof.
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Appeal from Jackson Circuit Court. — Hon. W. B. Teasdale, Judge. (1) Proof upon the trial that respondent was a partnership and not a corporation, is not proof of a material allegation of the petition, hut in fact a disproof thereof. R. S. 1899, sec. 572; R. S. 1899, sec. 746. (2) Instruction 1, for plaintiff is erroneous, as it submits that if the bank put money to Franse’s credit in the bank, and allowed him -the privilege of checking upon it, then the respondent could not recover; and it does not submit the question whether or not he actually did draw it out or any part thereof, and…
1Opinion of the CourtBroaddus, J.
The plaintiff sues as a corporation under the laws of Missouri, doing a banking business in the county of Platt. The petition is in four counts, but at the trial, plaintiff dismissed as to the third and fourth and the cause was tried on the first and second, on which latter, the finding and judgment were for the plaintiff and defendant appealed.
According to plaintiff’s evidence, in April, 1900, one R. L. Pranse appeared at plaintiff’s bank at Dear-born and informed the cashier thereof that he wanted the bank to pay drafts which he might at different times drawn on defendant to pay for poultry…
2Cases cited5 opinions
- Walker's Administrator v. DeaverSupreme Court of Missouri · 1883
- State ex rel. Saline County v. SappingtonSupreme Court of Missouri · 1878
- Gimbel v. PigneroSupreme Court of Missouri · 1876
- Dodson v. LomaxSupreme Court of Missouri · 1893
- St. Louis, Iron Mountain & Southern Railway Co. v. AnthonySupreme Court of Missouri · 1881
3Cited by3 opinions
- Iroquois Manufacturing Co. v. Annan-Burg Milling Co.Missouri Court of Appeals · 1913
- Nichols v. R. J. & W. M. Boyd Construction Co.Missouri Court of Appeals · 1915
- Harbstreet v. ShipmanMissouri Court of Appeals · 1938