Legal Opinion

Senter v. Continental Bank

Missouri Court of Appeals

Decided October 28, 1879PublishedCited by 7 opinions

Appeal from St. Louis Circuit Court. The payee or holder of a check cannot maintain a suit at law against a bank on which it is drawn, though presentation, has been made and payment demanded. — Garr v. Bank, 107 Mass. 47; Republic v. Millard, 10 Wall. 155 ; Gase v. Anderson; 23 La. An. 49 ; Chapman v. White, 2 Seld. 412; Loyd v. Mc-Caffrey, 46 Pa.

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Appeal from St. Louis Circuit Court. The payee or holder of a check cannot maintain a suit at law against a bank on which it is drawn, though presentation, has been made and payment demanded. — Garr v. Bank, 107 Mass. 47; Republic v. Millard, 10 Wall. 155 ; Gase v. Anderson; 23 La. An. 49 ; Chapman v. White, 2 Seld. 412; Loyd v. Mc-Caffrey, 46 Pa. St. 410, 414; Bullard v. Randall, 1 Gray, 605 ; Dane v. Bank, 13 Allen, 445 ; Ballou v. Boland, 14 Hun, 355; Dykers v. Leather Man. Go. 11 Paige, 616; Bank v. Bank, 5 Am. L. Reg. 711. McGrade v. German Savings Inst., 4 Mo. App. 330; Zelle v. German…

1Opinion of the CourtHayden, J.

The appellant rests his case upon a single proposition, contending that the payee or holder of a banker’s check cannot maintain a suit at law against the bank having funds of the drawer, though presentation has been duly made and payment of the check demanded. This is a vexed question, and the decision of most respectable courts may be adduced on either side. Most of these decisions were carefully considered by this court in McGrade v. German Savings Institution, 4 Mo. App. 330, and Zelle v. German Savings Institution, 4 Mo. App. 401, and the contrary of the above proposition was reached as a…

2Cases cited3 opinions

  1. Price v. MinotMassachusetts Supreme Judicial Court · 1871
  2. McGrade v. German Savings InstitutionMissouri Court of Appeals · 1877
  3. Zelle v. German Savings InstitutionMissouri Court of Appeals · 1877

3Cited by7 opinions

  1. Harrison v. WrightIndiana Supreme Court · 1885
  2. Fonner v. SmithNebraska Supreme Court · 1891
  3. Lampert v. Laclede Gas-Light Co.Missouri Court of Appeals · 1883
  4. Lewis v. International BankMissouri Court of Appeals · 1883
  5. Ripley National Bank v. LatimerMissouri Court of Appeals · 1896

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