Selz v. Collins
Missouri Court of Appeals
Appeal from the St. Louis City Circuit Cowrt. — Hon. John A. Harrison,. Special Judge. (1) The court erred in taking the case away from the jury. "Where a prima facie case or defense has been made, the same must be submitted to the jury, and a peremptory instruction is error. Kenney v. Railroad, 80 Mo. 573-578; Carson v. Porter, 22 Mo. App. 179-184; Cannon v. Moore, 17 Mo. App. 102; Berne v. Railroad, 20 Mo.
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Appeal from the St. Louis City Circuit Cowrt. — Hon. John A. Harrison,. Special Judge. (1) The court erred in taking the case away from the jury. "Where a prima facie case or defense has been made, the same must be submitted to the jury, and a peremptory instruction is error. Kenney v. Railroad, 80 Mo. 573-578; Carson v. Porter, 22 Mo. App. 179-184; Cannon v. Moore, 17 Mo. App. 102; Berne v. Railroad, 20 Mo. App. 232. (2) A bank contracts to use due diligence in the business of collection, and it is only bound to use reasonable care and diligence in the discharge of its assumed duties. In a…
1Opinion of the CourtRombauer, P. J.
The substantial question arising upon this appeal is, whether the trial court erred in directing the jury to return a verdict for the plaintiffs for the balance .due upon a certain bill of exchange to the plaintiffs from one Wetzel.
The petition of the plaintiffs states the following facts • The plaintiffs are merchants in Chicago, Illinois, and the defendants .are bankers in Fort Benton, Montana. On the fifteenth day of October, 1883, the plaintiffs sent to the defendants for collection a draft drawn on Wetzel for $2,032.25, payable one day after sight. The defendants undertook for a valuable…
2Cases cited16 opinions
- First National Bank v. Fourth National BankNew York Court of Appeals · 1879
- Bell v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1880
- Boland v. Missouri RailroadSupreme Court of Missouri · 1865
- S. & M. Allen v. Suydam & BoydNew York Supreme Court · 1838
- Mauerman v. SiemertsSupreme Court of Missouri · 1879
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3Cited by4 opinions
- Midwest National Bank & Trust Co. v. Parker Corn Co.Missouri Court of Appeals · 1922
- Citizens National Bank v. Third National BankIndiana Court of Appeals · 1898
- McClure & Taylor v. D. M. Osborne & Co.Appellate Court of Illinois · 1899
- Silverforb v. Bank of NashuaMissouri Court of Appeals · 1939