Legal Opinion

State ex rel. Southern Bank v. Atherton

Supreme Court of Missouri

Decided March 15, 1867PublishedCited by 12 opinions

Appeal from St. Louis Court of Common Pleas. The court gave the instructions asked by each party, as follows : Plaintiff’s instructions. — 1. If the jury believe that defendant Atherton, as teller of the Southern Bank, on the 25th of March, 1859, received as such teller from Archibald Gamble, on deposit in said bank, the sum of $744, and then entered the same as a deposit in the pass-book of said Gamble ; and afterwards, and at different days and times between that day and…

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Appeal from St. Louis Court of Common Pleas. The court gave the instructions asked by each party, as follows : Plaintiff’s instructions. — 1. If the jury believe that defendant Atherton, as teller of the Southern Bank, on the 25th of March, 1859, received as such teller from Archibald Gamble, on deposit in said bank, the sum of $744, and then entered the same as a deposit in the pass-book of said Gamble ; and afterwards, and at different days and times between that day and the 25th April, 1859, and while he was still teller, and as such teller, he received from other persons and parties…

1Opinion of the CourtWagner, Judge

This was an action on a bond in the penal sum of twenty thousand dollars, executed by the defendant Atherton as principal, and Armstrong, West and Carr as sureties to the plaintiff. The bond was dated and executed on the 21st day of March, 1859, and approved on the same day, and conditioned that Atherton should execute and discharge the duties of teller of the Southern Bank of St. Louis with integrity and fidelity, and well and faithfully perform and fulfil the trusts reposed in him, and well and truly, at all times, when thereunto required, account for and render over all *214moneys, goods and…

2Cases cited11 opinions

  1. United States v. KirkpatrickSupreme Court of the United States · 1824
  2. MINOR v. the Mechanics Bank of AlexandriaSupreme Court of the United States · 1828
  3. Harding v. WheatonSupreme Court of the United States · 1826
  4. People v. RussellNew York Supreme Court · 1830
  5. State v. DrurySupreme Court of Missouri · 1865

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

3Cited by12 opinions

  1. St. Charles Savings Bank v. DenkeeSupreme Court of Missouri · 1918
  2. Inhabitants of Hudson v. MilesMassachusetts Supreme Judicial Court · 1904
  3. Royal Indemnity Co. v. North Texas Nat. BankTexas Commission of Appeals · 1930
  4. Western Boatmen's Benevolent Ass'n v. KribbenSupreme Court of Missouri · 1871
  5. Chew v. EllingwoodSupreme Court of Missouri · 1885

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

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