Rubey Trust Co. v. Weidner

The respondent, a banking institution in the city of Macon, Missouri, sued the appellant to recover a sum of money paid ont by the hank at the instance and request of appellant. The money so paid out, and- for which suit is brought, was paid on checks drawn on the respondent bank and signed by appellant as treasurer of the Macon Athletic Club. The suit, however, is not on the checks, nor on a debt claimed to exist against the Macon Athletic Club by *694reason of the payment of said checks. It is upon an alleged oral promise and agreement said to have been made.by appellant to and with respondent…