Legal Opinion

St. Louis National Bank v. Flanagan

Supreme Court of Missouri

Decided June 18, 1895PublishedCited by 5 opinions

Appeal from St. Louis City Circuit Court. — Hon. L. B. Yalliant, Judge. (1) Plaintiff is a purcliaser for value because the discount of the note operated an extension of the time of payment of the debt caused by the overdraft. Cass County v. Oldham, 75 Mo. 52; Martin v. Nixon, 92 Mo. 26; Deere v. Marsden, 88 Mo. 512; Napa Valley Wine Co. v. Binehart, 42 Mo. App. 172. (2) It operated an extension, though not expressly stipulated.

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Appeal from St. Louis City Circuit Court. — Hon. L. B. Yalliant, Judge. (1) Plaintiff is a purcliaser for value because the discount of the note operated an extension of the time of payment of the debt caused by the overdraft. Cass County v. Oldham, 75 Mo. 52; Martin v. Nixon, 92 Mo. 26; Deere v. Marsden, 88 Mo. 512; Napa Valley Wine Co. v. Binehart, 42 Mo. App. 172. (2) It operated an extension, though not expressly stipulated. York v. Pearson, 63 Me. 587; Holzworth v. Koch, 26 Ohio St. 33; Bank v. Penfield, 7 Hun, 282; Fellows v. Prentiss, 3 Denio, 520; OKiev. Spencer, 2 Whart. 253; Bank v.…

1Opinion of the CourtGantt, P. J.

This is an action on the following note:

“$6,000. St. Louis, December 14, 1892.
“Thirty days after date, for value received, we promise .to pay to the order of the St. Louis National Bank sis thousand dollars, payable at St. Louis Na*186tional Bank with interest from maturity at the rate of eight per cent per annum.
“A. K. Florida,
“F. G-. Flanagan.”

The petition was in the usual form. The answer of respondent Flanagan set up as a defense that he signed the note as maker with Florida for the accommodation purely of Florida and without receiving any value or consideration whatever, and that plaintiff…

2Cases cited11 opinions

  1. Jackson v. HardinSupreme Court of Missouri · 1884
  2. Aull Savings Bank v. Aull's AdministratorSupreme Court of Missouri · 1883
  3. Lanitz v. KingSupreme Court of Missouri · 1887
  4. Hickman v. GreenSupreme Court of Missouri · 1894
  5. Pier v. HeinrichoffenSupreme Court of Missouri · 1873

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

3Cited by5 opinions

  1. Deuchler v. HamptonMissouri Court of Appeals · 1960
  2. Cole ex rel. Cole v. BumillerMissouri Court of Appeals · 1976
  3. Schlamp v. ManewalMissouri Court of Appeals · 1916
  4. Wright Investment Co. v. FillinghamMissouri Court of Appeals · 1900
  5. Phelps v. Cape Girardeau Water Works & Electric Light Co.Missouri Court of Appeals · 1912

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