Mingus v. Bank of Ethel
Missouri Court of Appeals
Appeal from Macon Circuit Court. — lion. Nat M. Shelton, Judge. (1) Where a depositor is indebted to a bank by bill, note or other form of indebtedness the bank may apply so much of the depositor’s funds to the payment of his matured indebtedness as is necessary to discharge it. Sparrow v. Bank, 103 Mo. App. 338; O’Grady v. Bank, 106 Mo. App. 336; Ehlerman v. Bank, 14 Mo. App. 591; Zane on Banking, sec. 130, p. 204; Bank v. Bank, 102 Mo.
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Appeal from Macon Circuit Court. — lion. Nat M. Shelton, Judge. (1) Where a depositor is indebted to a bank by bill, note or other form of indebtedness the bank may apply so much of the depositor’s funds to the payment of his matured indebtedness as is necessary to discharge it. Sparrow v. Bank, 103 Mo. App. 338; O’Grady v. Bank, 106 Mo. App. 336; Ehlerman v. Bank, 14 Mo. App. 591; Zane on Banking, sec. 130, p. 204; Bank v. Bank, 102 Mo. App. 357. (2) Plaintiff cannot sue on one cause of action and recover on another. York v. Bank, 105 Mo. App. 127. (3) Payment by bank of the customer’s…
1Opinion of the CourtBroaddus, P. J.
This is a suit for money had and received. The facts are, that in the early part of the year 1907 the plaintiff, M'ingus, was engaged in the business of buying and shipping stock to the Chicago market. He had in his employ in the business W. J. Windle and aJso one, Ed Bailey. The financial part of his business Avas transacted through the Citizens’ Bank at Ethel, Missouri, where he lived. When stock was purchased by either one of his agents, the name of the agent was signed to the check in payment for the stock purchased, and the agent was required to *411mark on the check the number of the stock…
2Cases cited5 opinions
- Clifford Banking Co. v. Donovan Commission Co.Supreme Court of Missouri · 1906
- Plummer v. TrostSupreme Court of Missouri · 1884
- Citizens' Bank v. CarsonSupreme Court of Missouri · 1862
- Sparrow v. State Exchange BankMissouri Court of Appeals · 1903
- Glore v. DawsonMissouri Court of Appeals · 1904
3Cited by6 opinions
- Kidder v. HallTexas Supreme Court · 1923
- The Farmers Bank of Clinton, Missouri v. Vance Julian, Trustee in Bankruptcy of Roby C. Woody, D/B/A Woody Motorcompany, BankruptCourt of Appeals for the Eighth Circuit · 1967
- A. Graf Distilling Co. v. WilsonMissouri Court of Appeals · 1913
- Gillette v. Liberty Nat. Bank of TulsaSupreme Court of Oklahoma · 1923
- Gregory v. Chicago, Burlington & Quincy RailroadMissouri Court of Appeals · 1913
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