Kitchens v. Teasdale Commission Co.
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — Hon. H. D. Wood, Judge. (1) Appellant should have been permitted to introduce evidence to show that the board of directors were negligent in their duty in permitting the cashier, W. H. Ritter, to have the entire care and management of the bank. If directors permit a cashier to pursue a line of conduct for a considerable period of time the bank will be bound by his acts.
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Appeal from St. Louis City Circuit Court. — Hon. H. D. Wood, Judge. (1) Appellant should have been permitted to introduce evidence to show that the board of directors were negligent in their duty in permitting the cashier, W. H. Ritter, to have the entire care and management of the bank. If directors permit a cashier to pursue a line of conduct for a considerable period of time the bank will be bound by his acts. The cashier’s authority may be implied from the conduct or acquiescence of the corporation, as represented by its board of directors. Martin v. Webb, 110 U. S. 7;' s. c., 28 Law Ed.…
1Opinion of the CourtReyburn, J.
(after stating the facts as above).
—1. Appellant contends that it should have been permitted to introduce testimony to prove that the directors ignored their duties, and for a considerable period permitted the cashier to have entire management and conduct of the institution, and thereby the hank became bound by his actions. Although the members of the directory of the bank may have been guilty of culpable negligence or gross neglect by their careless supervision of the business, and disregard of their official duties, and permitted Ritter to have exclusive management of its affairs, which…
2Cases cited4 opinions
- Lamson v. BeardCourt of Appeals for the Seventh Circuit · 1899
- Anderson v. KissamU.S. Circuit Court for the District of Southern New York · 1888
- State ex rel. Spaulding v. PetersonSupreme Court of Missouri · 1897
- Lee v. SmithSupreme Court of Missouri · 1884
3Cited by9 opinions
- St. Charles Savings Bank v. EdwardsSupreme Court of Missouri · 1912
- Home Savings Bank v. OtterbachSupreme Court of Iowa · 1907
- St. Charles Savings Bank v. Orthwein Investment Co.Missouri Court of Appeals · 1911
- Harwood v. Ft. Worth Nat. BankCourt of Appeals of Texas · 1918
- McCullam v. Buckingham Hotel Co.Missouri Court of Appeals · 1917
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