Lucks v. Northwestern Savings Bank
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — Hon. Yircjü Rule, Judge. (1) That part of the instruction given-by the court of its own motion was manifestly erroneous and prejudicial to defendant, (a) It singled out and commented on the passbook entries and gave them prominence over the other facts shown by the evidence. This lias been held unfair by a long line of decisions of the Supreme and Appellate Courts of this State.
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Appeal from St. Louis City Circuit Court. — Hon. Yircjü Rule, Judge. (1) That part of the instruction given-by the court of its own motion was manifestly erroneous and prejudicial to defendant, (a) It singled out and commented on the passbook entries and gave them prominence over the other facts shown by the evidence. This lias been held unfair by a long line of decisions of the Supreme and Appellate Courts of this State. Fine v. St. Louis Public Schools, 30 Mo. 175; Jones v. Jones, 57 Mo. 138; State y. Elkins, 63 Mo. 166; Barr v.- City of Kansas, 105 Mo. 559; Smith, v. Woodmen of the World,…
1Opinion of the CourtGoode, J.
This plaintiff asked and obtained a judgment for $197.10 against the defendant bank as being the balance due him on his account. Said action *380was filed August 14, 1906. Defendant admitted owing only seventy-five cents, thereby putting in issue $196.35 of the amount. Plaintiff testified he had deposited said sum of $196.35 in the bank on May 14th, and an entry on his passbook made by the teller of the bank, as the teller admitted on the witness stand, showed a deposit to plaintiff’s credit on said day, either of $196.35 or $190.35. There was a controversy as to whether the third figure of the…
2Cases cited8 opinions
- Leather Manufacturers' Bank v. MorganSupreme Court of the United States · 1886
- State v. ElkinsSupreme Court of Missouri · 1876
- Barr v. City of KansasSupreme Court of Missouri · 1891
- First National Bank v. ClarkNew York Court of Appeals · 1892
- McKeen v. Boatmen's BankMissouri Court of Appeals · 1898
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3Cited by2 opinions
- Donijanovic v. HartmanMissouri Court of Appeals · 1912
- Wellston Trust Co. v. Am. Surety Co. of N.Y.Missouri Court of Appeals · 1929