Hays v. Lathrop Bank
Missouri Court of Appeals
Appeal from the Clinton Circuit Court. — Hon. W. ¡3. Herndon, Judge. (1) The receipt of the check by respondent, by mail on the morning of the fourth of March was equivalent to an actual presentment and demand for payment at that time, the same as if handed over the counter by the holder. Yiet v. Bank, 101 N. Y. 563; Bank v. Latimer, 64 Mo. App. 321, and authorities cited.
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Appeal from the Clinton Circuit Court. — Hon. W. ¡3. Herndon, Judge. (1) The receipt of the check by respondent, by mail on the morning of the fourth of March was equivalent to an actual presentment and demand for payment at that time, the same as if handed over the counter by the holder. Yiet v. Bank, 101 N. Y. 563; Bank v. Latimer, 64 Mo. App. 321, and authorities cited. (2) The respondents received the check by mail and gave credit therefor on the .books of their bank to The National Bank of Commerce, which sent it to them. This was an acceptance which respondents are estopped to deny.…
1Opinion of the Court
Smith, P. J. —
STATEMENT. The case here is this: The defendants are private bankers doing business under the name of the “Lathrop Bank.” One Johnson drew his check on said Lathrop Bank in favor of plain- . , . tiff or bearer tor $l,02o, which was indorsed by plaintiff to a St. Joseph bank and by the latter it was indorsed to a Kansas City bank, which last named bank sent it to the drawee bank with the indorsement thereon: “Pay for collection for account of National Bank of Commerce.” The drawer had no funds on deposit with the drawee bank out of which the check could be paid. The drawee bank…
2Cases cited1 opinion
- Famous Shoe & Clothing Co. v. CrosswhiteMissouri Court of Appeals · 1892
3Cited by1 opinion
- State Ex Inf. Taylor v. Currency Services, Inc.Supreme Court of Missouri · 1949