Third National Bank v. St. Charles Savings Bank
Supreme Court of Missouri
Appeal from Boone Circnit Court. — Eon. Nick M. Bradley, Special Judge. (1) The finding for the plaintiffs on the special count was proper, because the defendant ratified and adopted the unauthorized guaranty by collecting, retaining and appropriating the proceeds of the certificates of deposits issued to it by plaintiff, after full knowledge that such certificates had been obtained on the strength, and by means of the guaranty, (a) The defendant bank had the corporate power…
Read the full summary
Appeal from Boone Circnit Court. — Eon. Nick M. Bradley, Special Judge. (1) The finding for the plaintiffs on the special count was proper, because the defendant ratified and adopted the unauthorized guaranty by collecting, retaining and appropriating the proceeds of the certificates of deposits issued to it by plaintiff, after full knowledge that such certificates had been obtained on the strength, and by means of the guaranty, (a) The defendant bank had the corporate power to raise money, either by direct borrowing, or by endorsing or guaranteeing the note of a third person. Lyons v. Bank,…
1Opinion of the CourtLamm, J.
This is a suit with a petition in three counts — one on defendant’s guaranty pf a promissory note; the other two were common counts for money loaned, and money had and received — all relating to the same transaction. On an answer denying the authority of its cashier to execute the guaranty, and in a trial without the aid of a jury in the Boone Circuit Court, plaintiff recovered on the first count, $24,722.75, and the finding was for defendant on the second and third. On due steps by both litigants, with a common bill of exceptions and abstract of record, there are cross-appeals.
Plaintiff is a…
2Cases cited13 opinions
- Aldrich v. Chemical National BankSupreme Court of the United States · 1900
- Citizens' Central Nat. Bank of NY v. AppletonSupreme Court of the United States · 1910
- People's Bank v. National BankSupreme Court of the United States · 1880
- Appleton v. Citizens' Central National BankNew York Court of Appeals · 1908
- Union National Bank v. LyonsSupreme Court of Missouri · 1909
8 more not listed; retrieve them via the Exa API.
3Cited by34 opinions
- Anchor Centre Partners, Ltd. v. Mercantile Bank, N.A.Supreme Court of Missouri · 1991
- Webster v. Sterling Finance Co.Supreme Court of Missouri · 1943
- Newco Land Co. v. MartinSupreme Court of Missouri · 1948
- Citizens Bank of Senath v. DouglassMissouri Court of Appeals · 1913
- Kegan v. Park BankSupreme Court of Missouri · 1928
29 more not listed; retrieve them via the Exa API.