McClendon v. Bank of Advance
Missouri Court of Appeals
Appeal from Stoddard Circuit Court.—Root. W. 8. G. Walker, Judge. (1) A bank cashing a check which has been drawn upon it and which has been raised before presentment for payment to such bank without the knowledge or consent of the drawer can recover from the person to whom payment is made the amount by which said check has been raised. Espy, Heidelback & Co. v. First National Bank, 18 Wall.
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Appeal from Stoddard Circuit Court.—Root. W. 8. G. Walker, Judge. (1) A bank cashing a check which has been drawn upon it and which has been raised before presentment for payment to such bank without the knowledge or consent of the drawer can recover from the person to whom payment is made the amount by which said check has been raised. Espy, Heidelback & Co. v. First National Bank, 18 Wall. (U. S.) 604; Third National Bank v. Allen, 59 Mo. 311; Bank of Brooklyn v. Westcott, 23 N. E. 900; Bank of N. Y. v. Seaboard Bank, 20 N. E. 632; Rapp v. National Security Bank, 20 Atl. 508. (2) A bank…
1Opinion of the CourtNortoni, J.
This is a suit for a balance of deposits made by plaintiffs with defeiidant bank. Plaintiffs recovered and defendant prosecutes the appeal.
Plaintiffs, Ella McClendon and William McClendon, are copartners and as such conduct a mercantile business or - store, under the firm name of Ella Mc-Clendon & Company at Sturdivant, while defendant is an incorporated banking institution, doing business in Advance, a place not far distant from Sturdivant.
The suit involves one item of $108.67, said to have been deposited by plaintiffs with defendant on August 3, 1910, and for which it is asserted defendant…
2Cases cited4 opinions
- Espy v. Bank of CincinnatiSupreme Court of the United States · 1874
- National Bank of Commerce v. Mechanics' American National BankMissouri Court of Appeals · 1910
- Third National Bank v. AllenSupreme Court of Missouri · 1875
- Missouri Lincoln Trust Co. v. Third National BankMissouri Court of Appeals · 1910
3Cited by11 opinions
- Newco Land Co. v. MartinSupreme Court of Missouri · 1948
- Ryan v. Campbell "66" Express, Inc.Supreme Court of Missouri · 1957
- Jones v. Terminal RR Ass'n of St. LouisMissouri Court of Appeals · 1952
- Myers v. MoffettSupreme Court of Missouri · 1958
- Wells Fargo Bank & Union Trust Co. v. Bank of ItalyCalifornia Supreme Court · 1931
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