Legal Opinion

Daly v. Butchers' & Drovers' Bank

Supreme Court of Missouri

Decided March 15, 1874PublishedCited by 20 opinions

Appeal from St. Louis Circuit Court. Defendant received the drafts for collection, not merely for transmission. (Bank of Washington vs. Triplett, 1 Pet., 25. It will be presumed that the bank undertook the collection for a sufficient consideration and-they will not be permitted to rebut it. Gerhardt vs. Boatmen’s Saving Ins., 38 Mo., 60; citing and approving Allen vs. Merchants’ Bank, 22 Wend., 215; Morse Banking, 323, 2 para.

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Appeal from St. Louis Circuit Court. Defendant received the drafts for collection, not merely for transmission. (Bank of Washington vs. Triplett, 1 Pet., 25. It will be presumed that the bank undertook the collection for a sufficient consideration and-they will not be permitted to rebut it. Gerhardt vs. Boatmen’s Saving Ins., 38 Mo., 60; citing and approving Allen vs. Merchants’ Bank, 22 Wend., 215; Morse Banking, 323, 2 para. The defendant was a contractor for the collection of the drafts, and not the agent of plaintiff, and is therefore liable for the loss occasioned by the default and…

1Opinion of the CourtVories, Judge

The defendant in this case was a banking corporation authorized and created by the laws of this State, and as such was engaged in receiving deposits of money and securities, buying and selling exchange, and collecting drafts, bills and notes.

The petition alleges that the plaintiff, on the-19th day of October, 1867, was the owner of five different drafts drawn on different persons and firms in the States of Arkansas and Mississippi, for sums amounting to about $150 each, (each of which was particularly described in the petition),and all of which were drawn by P. Flanigan & Co., payable to…

2Cases cited6 opinions

  1. PRESIDENT AND DIRECTORS OF THE BANK OF WASHINGTON v. Triplett & NealeSupreme Court of the United States · 1828
  2. East-Haddam Bank v. ScovilSupreme Court of Connecticut · 1837
  3. Ætna Insurance v. Alton City BankIllinois Supreme Court · 1861
  4. Bellemire v. Bank of United StatesSupreme Court of Pennsylvania · 1839
  5. Millikin v. ShapleighSupreme Court of Missouri · 1865

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

3Cited by20 opinions

  1. Exchange Nat. Bank of Pittsburgh v. Third Nat. Bank of NYSupreme Court of the United States · 1884
  2. Wuller v. Chuse Grocery Co.Illinois Supreme Court · 1909
  3. Bailie v. Augusta Savings BankSupreme Court of Georgia · 1895
  4. Farm and Home Savings and Loan Assn. v. StubbsMissouri Court of Appeals · 1936
  5. Dyas v. HansonMissouri Court of Appeals · 1883

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

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