Citizens Trust Co. v. Going
Supreme Court of Missouri
Appeal from Dunklin Circuit Court. — Hon. W. S. C. Walker, Judge. (1) If Going gave bis note directly totlie bank for the purpose of procuring funds with, which to buy for the lumber company the north half of Section 8, did the bank have the right to take the proceeds of this note and credit same to the account of the Pemiscot Lumber Company Avithout the consent of Going? This question must be answered in the negative.
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Appeal from Dunklin Circuit Court. — Hon. W. S. C. Walker, Judge. (1) If Going gave bis note directly totlie bank for the purpose of procuring funds with, which to buy for the lumber company the north half of Section 8, did the bank have the right to take the proceeds of this note and credit same to the account of the Pemiscot Lumber Company Avithout the consent of Going? This question must be answered in the negative. If Going received no part of the proceeds of the note and if lie never authorized the bank to deposit the proceeds to the credit of the Pemiscot Lumber Company, then there has…
1Opinion of the CourtWalker, J.
The receiver of the Pemiscot County Bank brought this suit in the circuit court of that county to enforce the payment of a promissory note for $6000 made by the defendant, Going, to said bank. The answer admits the execution of the note, but pleads in defense estoppel, settlement and payment. There was a verdict for the defendant, and from the judgment rendered thereon the plaintiff appealed to the Springfield Court of Appeals, which affirmed the judgment of the circuit court. One of the judges of the Court of Appeals dissented on the ground that the majority opinion conflicted with certain…
2Cases cited6 opinions
- Lee v. ConranSupreme Court of Missouri · 1908
- Young v. GlascockSupreme Court of Missouri · 1883
- Wilkerson v. FarnhamSupreme Court of Missouri · 1884
- Locke v. BowmanMissouri Court of Appeals · 1912
- Shantz v. ShrinerMissouri Court of Appeals · 1912
1 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Rains v. MoulderSupreme Court of Missouri · 1936
- Plaza Express Company v. GallowaySupreme Court of Missouri · 1955
- Kniffen v. CommissionerUnited States Tax Court · 1962
- Gannon v. BronstonCourt of Appeals of Kentucky (pre-1976) · 1932
- Jacobs v. WaldronSupreme Court of Missouri · 1927
8 more not listed; retrieve them via the Exa API.