Paul v. Draper
Missouri Court of Appeals
Appeal from the Webster Circuit Court. — Hon. Argus Cox, Judge. Certified to supreme court. The pension money was a trust fund in the hands of plaintiff for the use of his wards, and he had no power to part with the title to it without the sanction of the probate court. It was a trust fund in the hands of the bank receiving it, as it did, with notice of its trust character; and the fact that it was mingled with the funds of the bank does not change its character.
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Appeal from the Webster Circuit Court. — Hon. Argus Cox, Judge. Certified to supreme court. The pension money was a trust fund in the hands of plaintiff for the use of his wards, and he had no power to part with the title to it without the sanction of the probate court. It was a trust fund in the hands of the bank receiving it, as it did, with notice of its trust character; and the fact that it was mingled with the funds of the bank does not change its character. Having passed to the assignee with the assets of the bank, which it went to swell, it is impressed with such trust, and plaintiff…
1Opinion of the CourtBond, J.
The petition herein seeks to establish a trust against defendant as assignee of an insolvent bank for certain money alleged to have been deposited by plaintiff as guardian of two minors with said bank for collection. The answer admitted defendant to be the assignee of the creditors of the bank, and denied the other allegations of the petition. The facts are that on the eleventh day of April, 1896, plaintiff deposited with defendant’s assignor a pension check for $1,084.53, payable to himself as guardian, receiving therefor a duplicate slip signed by the officers of the bank, showing the…
2Cases cited6 opinions
- Harrison v. SmithSupreme Court of Missouri · 1884
- Stoller v. CoatesSupreme Court of Missouri · 1885
- State ex rel. the Township v. PowellSupreme Court of Missouri · 1878
- Dickinson v. CoatesSupreme Court of Missouri · 1883
- First National Bank v. SanfordMissouri Court of Appeals · 1895
1 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Paul v. DraperSupreme Court of Missouri · 1900
- William R. Compton Co. v. Farmers Trust Co.Missouri Court of Appeals · 1925
- Walters Nat. Bank v. BantockSupreme Court of Oklahoma · 1913
- Mo. Mutual Association v. Holland Banking Co.Missouri Court of Appeals · 1927
- Lindsay v. Continental National BankMissouri Court of Appeals · 1900
3 more not listed; retrieve them via the Exa API.