Legal Opinion

Fischer v. Tamm

Missouri Court of Appeals

Decided December 12, 1882PublishedCited by 1 opinion

Appeal from the St. Louis Circuit Court, Thayer, J. There is no right of action against the defendants. The facts stated con stitute no liability, either at common law or under sectioi 27, Article XII., of the constitution. — Fusz v. Spaunhorst 67 Mo. 256; Duffy v. Byrne, 7 Mo.

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Appeal from the St. Louis Circuit Court, Thayer, J. There is no right of action against the defendants. The facts stated con stitute no liability, either at common law or under sectioi 27, Article XII., of the constitution. — Fusz v. Spaunhorst 67 Mo. 256; Duffy v. Byrne, 7 Mo. App. 417; Mer chants’ BanJo v. Bliss, 35 N. Y. 412; Brinham v. Wei lensburg Goal Go., 11 Wright, 43. They constitute ne. liability under the statutes in force at the time. — Act of April 23, 1877, and the Act of May 15, 1877, Laws of Missouri, 1877. Statutes making officers liable in their individual capacity for the…

1Opinion of the CourtBakewell, J.

The plaintiffs allege in their petition that they are the trustees of an express trust, and, as such, the holders of the different certificates of deposit separately set out, which were transferred to plaintiffs by the several owners thereof for the purpose of collecting the money deposited, as therein specified, for the benefit of such several owners; that said moneys were deposited, and said certificates issued, by the United States Savings Institution, a banking corporation under the laws of the state of Missouri, doing business in the city of St. Louis, Missouri; that defendant Tamm was,…

2Cases cited3 opinions

  1. Fusz v. SpaunhorstSupreme Court of Missouri · 1878
  2. Cummings v. SpaunhorstMissouri Court of Appeals · 1877
  3. Duffy v. ByrneMissouri Court of Appeals · 1879

3Cited by1 opinion

  1. Houston v. WilhiteMissouri Court of Appeals · 1930

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