Legal Opinion

Ringling v. Kohn

Missouri Court of Appeals

Decided December 17, 1878PublishedCited by 4 opinions

Appeal from St. Louis Circuit Court. Banks have power to borrow money, and to do every thing that is ordinarily done to secure its repayment. — Curtis v. Leavitt, 15 N. Y. 50; Barnes v. Bank, 19 N. Y. 152 ; Leggett v. Banking Co., 1 Saxt. 541. And a cashier has, ex officio, power to borrow money. — Ballston Spa Bank v. Marine Bank, 16 Wis. 120 ; Sturges v. Bank, 11 Ohio St. 153; City Bank v. Perkins, 4 Bosw. 420; Lafayette Bank v. Sta,te Bank, 4 McLean, 208; Kimball v.…

Read the full summary

Appeal from St. Louis Circuit Court. Banks have power to borrow money, and to do every thing that is ordinarily done to secure its repayment. — Curtis v. Leavitt, 15 N. Y. 50; Barnes v. Bank, 19 N. Y. 152 ; Leggett v. Banking Co., 1 Saxt. 541. And a cashier has, ex officio, power to borrow money. — Ballston Spa Bank v. Marine Bank, 16 Wis. 120 ; Sturges v. Bank, 11 Ohio St. 153; City Bank v. Perkins, 4 Bosw. 420; Lafayette Bank v. Sta,te Bank, 4 McLean, 208; Kimball v. Cleveland, 4 Mich. 606; Crockett v. Young, 1 Smed. & M. 241; Bank v. Warren, 7 Hill, 91; Bank v. Wheeler, 21 Ind. 90; Robb v.…

1Opinion of the CourtLewis, P. J.

This case is here for the second time- The facts out of which the litigation arose are fully set forth in the opinion delivered on the former appeal. 2 Mo. App. 159. A second trial in the Circuit Court has resulted, as before, in favor of the'plaintiff.

Two new questions are raised in the present record : 1. Had the People’s Savings Institution authority, under its charter, to borrow money? 2. Had Wuerpel, the cashier, authority to borrow the $10,000 from defendants, and to give them the note of the institution, with the collateral securities, for the repayment?

The first question was answered…

2Cases cited8 opinions

  1. Curtis and Others v. . LeavittNew York Court of Appeals · 1857
  2. Fleckner v. President of the Bank of the United StatesSupreme Court of the United States · 1823
  3. Wild v. Bank of PassamaquoddyU.S. Circuit Court for the District of Maine · 1825
  4. Bank of the State v. WheelerIndiana Supreme Court · 1863
  5. Kimball v. ClevelandMichigan Supreme Court · 1857

3 more not listed; retrieve them via the Exa API.

3Cited by4 opinions

  1. Greig v. RiordanCalifornia Supreme Court · 1893
  2. Hyde v. LarkinMissouri Court of Appeals · 1889
  3. Donnell v. Lewis County Savings BankSupreme Court of Missouri · 1883
  4. Continental National Bank v. FarrisMissouri Court of Appeals · 1898

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API