McCullam v. Buckingham Hotel Co.
Missouri Court of Appeals
Appeal from the Circuit Court of the City of St. Louis. — Hon. Leo 8. Rassieur, Judge. • (1) Instruction No. 1 covers the facts in judgment, under the agreed statement of facts, and the trial court erred in'•refusing the same for the following reasons: (a) This is an action for money had and received, and is, therefore, equitable in its nature, and it would be inequitable to hold the defendant liable in this case. Reynolds v. Gerderman, 185 Mo.
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Appeal from the Circuit Court of the City of St. Louis. — Hon. Leo 8. Rassieur, Judge. • (1) Instruction No. 1 covers the facts in judgment, under the agreed statement of facts, and the trial court erred in'•refusing the same for the following reasons: (a) This is an action for money had and received, and is, therefore, equitable in its nature, and it would be inequitable to hold the defendant liable in this case. Reynolds v. Gerderman, 185 Mo. App. 183. (b) The defendant has successfully borne the burden of showing that S. M. Masters and Marcus Masters had authority from the corporation to…
1Opinion of the CourtAllen, J.
This is an action prosecuted by the trustee in bankruptcy of the Masters Lumber Company, a corporation, to recover the proceeds of forty-nine checks executed in the name of that company, as maker, by S. M. Masters, its president, payable to the order of defendant corporation, which were received and cashed by defendant in payment to it of the individual indebtedness of S. M. Masters and of Marcus Masters, the secretary of the Masters Lumber Company. The petition is in forty-nine counts, and seeks a recovery of the separate amounts so received by defendant, as for money had and received; the…
2Cases cited12 opinions
- St. Charles Savings Bank v. EdwardsSupreme Court of Missouri · 1912
- National Tube Works Co. v. Ring Refrigerating & Ice Machine Co.Supreme Court of Missouri · 1893
- St. Charles Savings Bank v. Orthwein Investment Co.Missouri Court of Appeals · 1911
- St. Louis Charcoal Co. v. LewisMissouri Court of Appeals · 1911
- City of Ft. Worth v. ReynoldsCourt of Appeals of Texas · 1916
7 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Burke v. MungerNebraska Supreme Court · 1940
- Boyle v. Lewiston Trust Co.Supreme Judicial Court of Maine · 1927
- McCullam v. Third National BankMissouri Court of Appeals · 1921
- American Surety Co. v. Smith, Landeryou & Co.Nebraska Supreme Court · 1942
- Kuhns v. Live Stock National BankNebraska Supreme Court · 1940
3 more not listed; retrieve them via the Exa API.