Legal Opinion

Bank of Indian Territory v. First National Bank

Missouri Court of Appeals

Decided November 28, 1904PublishedCited by 19 opinions

Appeal from Buchanan. Circuit Court. — Hon. Henry M. Ramey, Judge. (1) "When defendant hank received the drawee’s check on the Stock Tards Bank, in payment of the draft of plaintiff’s hank on them and surrendered to drawees the draft, it made the check its own and its liability to the plaintiff hank became fixed, as much so as if it had received the cash. Bank v. Bank, 151 Mo. 320-330, and cases cited.

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Appeal from Buchanan. Circuit Court. — Hon. Henry M. Ramey, Judge. (1) "When defendant hank received the drawee’s check on the Stock Tards Bank, in payment of the draft of plaintiff’s hank on them and surrendered to drawees the draft, it made the check its own and its liability to the plaintiff hank became fixed, as much so as if it had received the cash. Bank v. Bank, 151 Mo. 320-330, and cases cited. (2) The effect of receiving the draft and giving the drawer credit for the amount on the books of the plaintiff hank as so much money deposited, against which the drawer could immediately…

1Opinion of the CourtBboaddus, J.

The facts of the case are as follows : On the 24th day of February, 1903, one H. H. Hagan, of Guthrie, Oklahoma Territory, drew a sight draft on Kemper, Bowman & Hillix payable to the order of plaintiff for the sum of seven hundred dollars. On the same day, plaintiff received the draft at Guthrie, where it did business, and credited Hagan with the full amount of $700, and indorsed and forwarded it through its correspondents to defendant bank in St. Joseph, Missouri, for presentation and payment. On March 3, defendant presented the draft to the drawers, who gave their check for its payment.…

2Cases cited10 opinions

  1. First Nat. Bank of Washington v. WhitmanSupreme Court of the United States · 1877
  2. Hamilton v. MarksSupreme Court of Missouri · 1876
  3. Goetz v. Bank of Kansas CitySupreme Court of the United States · 1887
  4. Jennings v. ToddSupreme Court of Missouri · 1893
  5. Edwards v. ThomasSupreme Court of Missouri · 1877

5 more not listed; retrieve them via the Exa API.

3Cited by19 opinions

  1. National Bank of Commerce v. Mechanics' American National BankMissouri Court of Appeals · 1910
  2. National Bank of Rolla v. First National Bank of SalemMissouri Court of Appeals · 1910
  3. First National Bank v. Bank of Cottage GroveOregon Supreme Court · 1911
  4. National Bank of Commerce v. BossemeyerNebraska Supreme Court · 1917
  5. Cherokee Nat. Bank v. Union Trust Co.Supreme Court of Oklahoma · 1912

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