National Bank of Commerce v. Flanagan Mills & Elevator Co.
Supreme Court of Missouri
Appeal from Jackson Circuit Court. — Hon. J. H. Slover, Judge. (1) By the terms of the so-called warehouse receipts the grain mentioned therein was held by the Flanagan Company subject to the order of the National Bank of Commerce upon “surrender- of this receipt and payment of the charges.”
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Appeal from Jackson Circuit Court. — Hon. J. H. Slover, Judge. (1) By the terms of the so-called warehouse receipts the grain mentioned therein was held by the Flanagan Company subject to the order of the National Bank of Commerce upon “surrender- of this receipt and payment of the charges.” There was therefore a pledge of the grain mentioned in each receipt to the bank and the receipts merely evidenced the symbolical delivery of the grain owned by the Flanagan Company to the bank. 31 Cyc. 806; 30 Ency. Law (2 Ed.), p. 69, sec. 4; Conrad v. Fisher, 37 Mo. App. 366; Bank v. Ross, 9 Mo. App.…
1Opinion of the CourtGraves, J.
— This is an action upon the following bond:
“know all men by these presents,
‘ ‘ That we, the Flanagan Mills & Elevator' Company, as principal, and the United States Fidelity and *565Guaranty Company of Baltimore, Maryland, as surety, acknowledge ourselves to owe and stand indebted to the National Bank of Commerce of Kansas City, Missouri, its successors and assigns, in the sum of twenty-five thousand dollars for the payment of which we bind ourselves upon the following conditions:
“Whereas, the Flanagan Mills & Elevator Company is engaged in the management and operation of elevators and warehouse…
2Cases cited7 opinions
- Union Trust Co. v. TrumbullIllinois Supreme Court · 1891
- Lamar Water & Electric Light Co. v. City of LamarSupreme Court of Missouri · 1895
- Conrad v. FisherMissouri Court of Appeals · 1889
- National Exchange Bank v. WilderSupreme Court of Minnesota · 1885
- Geilfuss v. CorriganWisconsin Supreme Court · 1897
2 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- MFA Mut. Ins. Co. v. QuinnMissouri Court of Appeals · 1953
- Kipp v. GoffeSupreme Court of Kansas · 1936
- Berry v. CrouseSupreme Court of Missouri · 1964
- Friedman Textile Co. v. Northland Shopping Center, Inc.Missouri Court of Appeals · 1959
- Thompson v. Baltimore & OR Co.District Court, E.D. Missouri · 1945
7 more not listed; retrieve them via the Exa API.