Pollack v. National Bank of Commerce
Missouri Court of Appeals
Appeal -from St. Louis City Circuit Court. — Hoto. James E. Withrow, Judge. (1) Where a check drawn upon a bank is presented to it by the holder, for deposit to his credit, and the amount is credited to the holder, the legal effect is precisely the same thing as though the money were first paid out to him, and then by him deposited in the bank.
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Appeal -from St. Louis City Circuit Court. — Hoto. James E. Withrow, Judge. (1) Where a check drawn upon a bank is presented to it by the holder, for deposit to his credit, and the amount is credited to the holder, the legal effect is precisely the same thing as though the money were first paid out to him, and then by him deposited in the bank. It is the right of the bank to refuse to pay it, or it may reject it conditionally, but if it accepts the check as valid, and pays out the money (or what, as some authorities hold, is the same thing, credits it to the holder’s account), it cannot at…
1Opinion of the CourtNortoni, J.
This is a suit to recover the amount of a deposit made by plaintiff in defendant bank. Upon the court overruling a demurrer to defendant’s answer, plaintiff declined to proceed further and suffered a judgment of dismissal to go against him. Prom this judgment he prosecutes the appeal.
It is alleged in the petition that on September 30, 1910, and for a long time prior thereto, plaintiff was a depositor in the defendant bank, the National Bank of Commerce in St. Louis; that on said day he indorsed and deposited in defendant bank a check on said bank drawn by the Noonan Real Estate Company to his…
2Cases cited3 opinions
- State v. SalmonSupreme Court of Missouri · 1909
- State v. VincentSupreme Court of Missouri · 1887
- McIntosh v. LytleSupreme Court of Minnesota · 1880
3Cited by4 opinions
- Mudd v. Farmers' & Merchants' BankMissouri Court of Appeals · 1914
- Snyder v. Hamilton National BankSupreme Court of Colorado · 1918
- Townley v. Exchange Nat. BankSupreme Court of Oklahoma · 1925
- First National Bank, Paris v. McKeen.Supreme Court of Arkansas · 1939