Snyder v. Cowan
Missouri Court of Appeals
Appeal from the Buchanan Circuit Court. — Hon. A. M. Woodson, Judge. (1) When a deposit is made to or with a party in a special character or capacity, then, when the trust shall have terminated, the delivery should he made to the party for whom, or for whose benefit, the deposit may have been made. Story on Bailments [9 Ed.] sec. 109. And this is so, though the deposit may have been made in the name of the party maiding it.
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Appeal from the Buchanan Circuit Court. — Hon. A. M. Woodson, Judge. (1) When a deposit is made to or with a party in a special character or capacity, then, when the trust shall have terminated, the delivery should he made to the party for whom, or for whose benefit, the deposit may have been made. Story on Bailments [9 Ed.] sec. 109. And this is so, though the deposit may have been made in the name of the party maiding it. Utley v. Tolfree, 77 Mo. 307. (2) The foregoing principle .applies in all cases where the deposit is made with one who occupies a trust relation to a third party, whether…
1Opinion of the CourtGill, J.
— The plaintiff has appealed from the judgment of the lower court sustaining a demurrer to his petition. Said petition, in effect, states, that on November 10, 1888, plaintiff was the owner of certain lots of land in St. Joseph, Missouri, over which the St. Joseph & Iowa Railroad Company sought to and did locate its road; that, being unable to agree with said railroad as to the proper compensation to be paid, the circuit court, on petition of the -railroad company,, appointed the three commissioners provided for by the statute to assess such damages; that the commissioners, on December 5,…
2Cases cited7 opinions
- Bent v. PriestSupreme Court of Missouri · 1885
- Cruce v. CruceSupreme Court of Missouri · 1884
- Gray v. St. Louis & San Erancisco Railway Co.Supreme Court of Missouri · 1883
- State ex rel. Evens & Howard Fire Brick Co v. LubkeMissouri Court of Appeals · 1884
- Ring v. Mississippi River Bridge Co.Supreme Court of Missouri · 1874
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3Cited by2 opinions
- Marshall v. St. Louis Union Trust Co.Missouri Court of Appeals · 1922
- In re the Board of Water CommissionersAppellate Division of the Supreme Court of the State of New York · 1909