Missouri Appeal Reports Volume 7

Missouri Appeal Reports Volume 7

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1887 edition. Excerpt: ...paper, and takes it discharged of any equities ERROR to St. Louis Circuit Court. A_fi'irmed. Essa PEACOCK, for plaintilfs in error: Presentment as well as demand must be pleaded.--Draper v. Clemens, 4 Mo. 52. The bank was not Kraft's place of business, in MERCANTILE BANK v. McCAnrHY. 319 the sense that notice of protest left there with the cashier would fix a liability upon him as indorser.--Sanders0n's Administrator v. Reinstadler, 31 Mo. 483; Bailey v. Bank, 7 Mo. 467; Linville v. VVelc/1, 28 Mo. 203; Klein v. B0ernsleln, 32 Mo. 311. It was intended that the IMercantilc Bank should guarantee the checks of the Savings Institution; so that the contract was void for want of consideration, and not being signed by the party to be charged therewith, was within the Statute of Frauds.--VVag. Stats. 657, sect. 7; Uanmann v. Brunswick, 3 Mo. App. 586; Beardslee v. lllorgner, 4 Mo. App. 139; Valle' v. frame/-, 4 Mo. App. 570; Glenn v. Lelzmen, 54 Ho. 46. A bank cashier has no power to act outside of an express contract by which his powers are limited.--Banlc v. Schaumberg, 38 Ho. 229; Ringling v. Kolzn, 4 Mo. App. 59; Morse on Banks, 141, 142. Hrrcncocx, Lnnxn & PLAYER, for defendant in error: The contract of January 25, 1875, signed by the cashier, was binding upon the bank, because it fell within the line of the cashier's duties.--Ang. & Ames on Corp., sect. 300; Morse on Banks, 151; Field on Corp. 207. This note being negotiable in form and indorsed in blank, and having been delivered to the Mercantile Bank for collection and as collateral, and advances having been made in part on faith of this note, the Mercantile Bank became holder of the note for value.--L0gan v. Smith, 62 Mo. 455; Hamilton v. Jilarks, (32 Mo. 167....show more

Product details

  • Paperback | 210 pages
  • 189 x 246 x 11mm | 386g
  • Rarebooksclub.com
  • United States
  • English
  • black & white illustrations
  • 1236853091
  • 9781236853097