Legal Opinion

First National Bank v. Mutual Benefit Life Insurance

Supreme Court of Missouri

Decided June 22, 1898PublishedCited by 14 opinions

Appeal from Jasper Circuit Court. Robinson, Judge. -Hon. W. M. (1) The effect of the correspondence transmitting the money is purely a question of law. Bruin v. Bail-road, 89 Mo. 397; Milstead v. Mortgage Co., 49 Mo. App. 191; 1 Thomas on Trials, sec. 1370. (2) The meaning of the letters is not affected with any uncertainty, and there is no occasion to consider the surrounding circumstances.

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Appeal from Jasper Circuit Court. Robinson, Judge. -Hon. W. M. (1) The effect of the correspondence transmitting the money is purely a question of law. Bruin v. Bail-road, 89 Mo. 397; Milstead v. Mortgage Co., 49 Mo. App. 191; 1 Thomas on Trials, sec. 1370. (2) The meaning of the letters is not affected with any uncertainty, and there is no occasion to consider the surrounding circumstances. Kimball v. Brauner, 47 Mo. 399; Fruin v. Bailroad, 80 Mo. 405; Wolff v. Campbell, 110 Mo. 119. (3) The letters on their face show that plaintiff transmitted the money to the trust company in its character…

1Opinion of the CourtBrace, P. J.

On the fourth day of April, 1889, Isaac N. Hendricks, being the owner of the tract of land described in the petition in this cause, by his deed of trust of that date in which his wife joined, conveyed the same to one George W. Toms in trust to secure the payment to defendant, the said insurance company, of a certain promissory note' for $2,000, due and payable on the first day of May, 1894, and five coupon interest notes thereto attached of the same date, each for the sum of $120, one payable on the first day of May of each successive year thereafter until the maturity of said principal note,…

2Cases cited1 opinion

  1. Johnson v. HurleySupreme Court of Missouri · 1893

3Cited by14 opinions

  1. Balz v. NelsonMissouri Court of Appeals · 1903
  2. State ex rel. Reed v. ElliottSupreme Court of Missouri · 1904
  3. Empson v. Missouri Highway & Transportation CommissionMissouri Court of Appeals · 1983
  4. City of Springfield v. KochMissouri Court of Appeals · 1934
  5. Gilstrap v. Osteopathic Sanatorium Co.Missouri Court of Appeals · 1929

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