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Cases Determined in the St. Louis and the Kansas City Courts of Appeals of the State of Missouri (Volume 55 ) (Paperback) Loot Price: R508
Discovery Miles 5 080
Cases Determined in the St. Louis and the Kansas City Courts of Appeals of the State of Missouri (Volume 55 ) (Paperback):...
Cases Determined in the St. Louis and the Kansas City Courts of Appeals of the State of Missouri (Volume 55 ) (Paperback):...

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Cases Determined in the St. Louis and the Kansas City Courts of Appeals of the State of Missouri (Volume 55 ) (Paperback)

Missouri Courts of Appeals

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Loot Price R508 Discovery Miles 5 080

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This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1894. Excerpt: ... Nichols v. Bank. Turning to the plaintiff's petition we find it charges the breach of a parol promise of the defendant bank, made through its assistant cashier, to pay a certain check thereafter to be drawn on it. It further charges that by reason of such promise of defendant's cashier, the plaintiff was induced to sell certain cattle to one Logan and receive in payment thereof said check which the defendant had refused to pay, whereby plaintiff is damaged by the loss of said cattle in the sum of $2,129.65. It is seen that, according to this exposition of the petition, the action is ex contractu. There is no allegation of fraud or deceit. Peers v. Davis, 29 Mo. 184; Walter v. Martin, 8 Mo. App. 560. Recurring to the agreed statement of facts it will be found that the defendant's cashier did not make an explicit, unconditional promise to pay Logan's check. In the language used by defendant's cashier, there is nothing expressed beyond his opinion or conviction. He stated to plaintiff that Logan had no funds himself, but that if he would make a draft in favor of the bank on Perry Bros. for the amount the cattle would bring, there was no doubt but that Perry Bros. would honor the same, and that he thought there was no risk in the plaintiff accepting Logan's check for the cattle. In fact the bank would have paid the check without waiting to hear from the draft. In the last sentence of the foregoing quotation, the words "he thought1' are implied after the words "in fact," so that the sentence thus construed would read: "In fact 'he thought' the bank would have paid the check without waiting to hear from the draft." It will be seen that this interpellation is not only authorized by the words of the quotation which precede it, but that they are necessary to conve...

General

Imprint: General Books LLC
Country of origin: United States
Release date: February 2012
First published: February 2012
Authors: Missouri Courts of Appeals
Dimensions: 246 x 189 x 12mm (L x W x T)
Format: Paperback - Trade
Pages: 220
ISBN-13: 978-1-235-69099-0
Barcode: 9781235690990
Categories: Books
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LSN: 1-235-69099-7

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