Kavanaugh v. Farmers' Bank of Maitland
Missouri Court of Appeals
Appeal from the Iiolt Circuit. Court.—Hon. Cyeus A. Anthony, Judge. (1) The seventh instruction, in the nature of a demurrer to the evidence, should have been given, and the court erred in refusing it. The defendant received the check for collection, and having adopted the usual course pursued by banks in that locality, without avail, the loss would fall on the plaintiff, and the bank had the right to charge it back to him.
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Appeal from the Iiolt Circuit. Court.—Hon. Cyeus A. Anthony, Judge. (1) The seventh instruction, in the nature of a demurrer to the evidence, should have been given, and the court erred in refusing it. The defendant received the check for collection, and having adopted the usual course pursued by banks in that locality, without avail, the loss would fall on the plaintiff, and the bank had the right to charge it back to him. Bolles on Banks, etc., sec. 454, (2) The court erred in giving instruction number 1 at the request of plaintiff. (3) The second instruction given for the plaintiff was…
1Opinion of the CourtSmith, P. J.
The defendant, the Bank of Maitland, was a corporation duly organized and doing business in the town of Maitland, in this state. Plaintiff, James A. Kavanaugh, was a farmer living a few miles from said town of Maitland, and was a regular customer and depositor of said defendant bank, and had had dealings and an account therewith since the year 1881, and was reliable and financially responsible. The defendant bank provided said plaintiff as such customer and depositor, as it did all its patrons and depositors, with a bank pass book in which the account between him and said bank was kept, and…
2Cases cited12 opinions
- Ayres v. Farmers & Merchants BankSupreme Court of Missouri · 1883
- Rodney v. WilsonSupreme Court of Missouri · 1877
- Daly v. Butchers' & Drovers' BankSupreme Court of Missouri · 1874
- State v. VincentSupreme Court of Missouri · 1887
- Famous Shoe & Clothing Co. v. CrosswhiteSupreme Court of Missouri · 1894
7 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Jefferson Bank v. Merchants Refrigrating Co.Supreme Court of Missouri · 1911
- Fidelity & Deposit Co. v. National Bank of CommerceCourt of Appeals of Texas · 1907
- Werley v. DunnSuperior Court of Pennsylvania · 1914
- R. S. Howard Co. v. International BankMissouri Court of Appeals · 1918
- Kuraner v. Columbia Nat. Bk. of K.C.Missouri Court of Appeals · 1936
5 more not listed; retrieve them via the Exa API.