Anderson Electric Car Co. v. Savings Trust Co.
Missouri Court of Appeals
Appeal from the Circuit Court of the City of St. Louis. — Row. James E. Withrow, Judge. (1) Where an officer or agent of a corporation makes an unauthorized use of a check or other negotiable instrument belonging to the corporation, that fact alone does not warrant a recovery from the person delivering the proceeds of the paper to the agent, even though such persons had actual or constructive notice of the agent’s want of authority.
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Appeal from the Circuit Court of the City of St. Louis. — Row. James E. Withrow, Judge. (1) Where an officer or agent of a corporation makes an unauthorized use of a check or other negotiable instrument belonging to the corporation, that fact alone does not warrant a recovery from the person delivering the proceeds of the paper to the agent, even though such persons had actual or constructive notice of the agent’s want of authority. It is an essential part of the corporation’s case to show that it suffered ultimate loss as a result of the transaction. No such showing was made in the…
1Opinion of the CourtReynolds, P. J.
— The petition in this case is in three counts. The first, in substance, averred that on a day named plaintiff was the owner of a certain check, drawn on the German Savings Institution, payable to the order of plaintiff, for the sum of $500, signed by one Siegmund. It is further averred that the defendant came into possession of the check “as a trust company” on a day named and although it appeared on the face of the check that it belonged to the plaintiff, defendant, “without any authority or direction from plaintiff, and without the knowledge of plaintiff, proceeded to collect said check…
2Cases cited7 opinions
- Kansas City Casualty Co. v. Westport Avenue BankMissouri Court of Appeals · 1915
- Kerwin v. BalhatchettAppellate Court of Illinois · 1909
- Hazelton v. LockeSupreme Judicial Court of Maine · 1908
- Twentieth Century Machinery Co. v. Excelsior Springs Mineral Water & Bottling Co.Supreme Court of Missouri · 1918
- R. H. Kobusch Furniture & Carpet Co. v. LowenbergMissouri Court of Appeals · 1916
2 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Capitol Indemnity Corp. v. Citizens National Bank of Fort ScottMissouri Court of Appeals · 2000
- Dillard v. PayneSupreme Court of Missouri · 1981
- Western Casualty & Surety Co. v. First State Bank of Bonne TerreMissouri Court of Appeals · 1965
- Shahood v. CavinCalifornia Court of Appeal · 1957
- Atlas Security Services, Inc. v. Git-N-Go, Inc.Missouri Court of Appeals · 1987
2 more not listed; retrieve them via the Exa API.