Therrien v. Mercantile-Commerce Bank & Trust Co.

This case comes to the writer on reassignment. The ultimate legal question involved on this appeal is whether the trial court erred in making a final order sustaining the motion of the defendant-respondent Trust Company as trustee of May Scullin de Gheest, deceased, to dismiss the plaintiff-appellant’s suit in equity against it for $60,000 on the ground that his petition failed to state a cause of action upon which relief could be granted, the motion having been filed under Laws Mo. 1943, Sec. 59, p. 374, Sec. 62, p. 375; §§ 847.59, 847.62 Mo. R. S. A. The ultimate factual-legal question is…