Utley v. Hill
Supreme Court of Missouri
Appeal from Saline Circuit Court. — Hon. Richard Field, Judge. (1) The finding of the referee in this case is a general finding and the law does not require the report of the referee to be in any particular form or that he shall incorporate special findings of fact with the general finding.
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Appeal from Saline Circuit Court. — Hon. Richard Field, Judge. (1) The finding of the referee in this case is a general finding and the law does not require the report of the referee to be in any particular form or that he shall incorporate special findings of fact with the general finding. R. S. 1889, sec. 2153. (2) The court erred in sustaining the exceptions to the referee’s report marked 1, 3, 4 and 19, thereby erroneously eliminating from consideration, in determining the liability of the defendants under the first count of the petition, the effects of negligent ignorance or that…
1Opinion of the CourtMarshall, J.
This is an action by a depositor in the Citizens’ Stock Bank of Slater against the directors thereof to recover $8,000, lost by the failure of that bank. The petition is in two counts. The first count is predicated upon section 2760, Revised Statutes 1889, which makes directors of a bank individually responsible for deposits accepted, with their assent, after they had knowledge that the bank is insolvent or in failing- circumstances. The second count is an action for deceit, charging^ that the plaintiff was induced to make such deposit by reason of false and fraudulent representations that…
2Cases cited16 opinions
- Briggs v. SpauldingSupreme Court of the United States · 1891
- State ex rel. Dickason v. County CourtSupreme Court of Missouri · 1895
- Wells v. SupervisorsSupreme Court of the United States · 1880
- State v. DarrahSupreme Court of Missouri · 1899
- Warren v. Barber Asphalt Paving Co.Supreme Court of Missouri · 1893
11 more not listed; retrieve them via the Exa API.
3Cited by42 opinions
- Wahl v. CunninghamSupreme Court of Missouri · 1928
- State ex rel. Major v. Arkansas Lumber Co.Supreme Court of Missouri · 1914
- Caldwell v. EubanksSupreme Court of Missouri · 1930
- Atherton v. AndersonCourt of Appeals for the Sixth Circuit · 1936
- Casey v. St. Louis Transit Co.Missouri Court of Appeals · 1905
37 more not listed; retrieve them via the Exa API.