Legal Opinion

Liggett v. Levy

Supreme Court of Missouri

Decided March 31, 1911PublishedCited by 18 opinions

Appeal, from Jackson Circuit Court. — lion. John G. Park, Judge. This suit, as shown by the petition, is founded upon a letter of credit or commendation, made by the Union National Bank. The Union National Bank is liable on account of this letter of credit or letter of commendation. R. S. 1909, sec. 2785; Weil v. Schwartz, 21 Mo. App. 372; Felix v. Shirey, 601 Mo.

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Appeal, from Jackson Circuit Court. — lion. John G. Park, Judge. This suit, as shown by the petition, is founded upon a letter of credit or commendation, made by the Union National Bank. The Union National Bank is liable on account of this letter of credit or letter of commendation. R. S. 1909, sec. 2785; Weil v. Schwartz, 21 Mo. App. 372; Felix v. Shirey, 601 Mo. App. 621; Dulaney v. Rodgers, 64 Mo. 201; Dunn v. White, 63-Mo. 181; Cabot v. Christie, 42 Yt. 121. ■ (1) The paper sued on is not, and does not purport to be, a letter of credit to, or commendation of, J. B. Levy. 18 Am. and Eng.…

1Opinion of the CourtLamm, J.

In 1907, plaintiff sued one Levy and his corporate codefendant, the Union National Bank, in the Jackson Circuit Court, his petition in six counts, each sounding in tort.

The suit was dismissed as to Levy. The bank demurred — one ground being that no count states facts sufficient to constitute a cause of action. The demurrer was sustained. Thereat plaintiff, electing to stand and refusing to plead over, suffered judgment and comes up by appeal.

Each count states a separate cause of action, bottomed on a certain writing, designated by the pleader as a “letter of credit or commendation,” alleged…

2Cases cited7 opinions

  1. Dunn v. WhiteSupreme Court of Missouri · 1876
  2. Commercial Nat. Bank v. PirieCourt of Appeals for the Eighth Circuit · 1897
  3. Dulaney v. RogersSupreme Court of Missouri · 1876
  4. Knight v. RawlingsSupreme Court of Missouri · 1907
  5. McKee v. RuddSupreme Court of Missouri · 1909

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

3Cited by18 opinions

  1. Sunward Corp. v. Dun & Bradstreet, Inc.Court of Appeals for the Tenth Circuit · 1987
  2. State Ex Rel. Missouri State Life Insurance v. AllenSupreme Court of Missouri · 1922
  3. Shriver v. Union Stock Yards National BankSupreme Court of Kansas · 1925
  4. State Ex Rel. National Life Insurance v. AllenSupreme Court of Missouri · 1923
  5. Second Nat. Bank of Toledo v. M. Samuel & Sons, Inc.Court of Appeals for the Second Circuit · 1926

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

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