Mathias v. O'Neill
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. — Hon. Geo. : W. Lubke, Judge. (1) The state of facts shown by the record constituted respondent a trustee of this money, which was a part of the county funds. A right of action existed in the county to have it restored to the county treasury ; and when appellant made good the amount by paying the same into the county treasury out of his individual means, he was subrogated to the rights of the'county in this regard.
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Appeal from St. Louis City Circuit Court. — Hon. Geo. : W. Lubke, Judge. (1) The state of facts shown by the record constituted respondent a trustee of this money, which was a part of the county funds. A right of action existed in the county to have it restored to the county treasury ; and when appellant made good the amount by paying the same into the county treasury out of his individual means, he was subrogated to the rights of the'county in this regard. (2) It makes no difference as to whether or not respondent knew that the three thousand dollars was a part of the county funds, in his…
1Opinion of the CourtSherwood, J.
The petition states that plaintiff, in the year 1873, was treasurer of the county of St. Louis, and that defendant was, at the same time, presiding justice of the county court of said county, ■ and also president of the Citizens’ Savings Bank, a banking institution in the city of St. Louis; that one Dennis Fitzpatrick was a creditor of said county to the amount of seven thousand dollars, and had a county warrant therefor in November, 1873, upon plaintiff as treasurer of said county; that, previously to the issuance of this warrant, and on or about October 23, 1873, the said county court had…
2Cases cited8 opinions
- Chouteau v. AllenSupreme Court of Missouri · 1879
- Chapman v. McIlwrathSupreme Court of Missouri · 1882
- Lenox v. HarrisonSupreme Court of Missouri · 1885
- Snell v. HarrisonSupreme Court of Missouri · 1884
- Ferris v. ThawSupreme Court of Missouri · 1880
3 more not listed; retrieve them via the Exa API.
3Cited by36 opinions
- State v. CaseyOregon Supreme Court · 1923
- Anchor Milling Co. v. WalshSupreme Court of Missouri · 1891
- Platter v. Minneapolis & St. Louis RailroadSupreme Court of Iowa · 1913
- Seligman v. RogersSupreme Court of Missouri · 1893
- McMillan v. MontgomeryOregon Supreme Court · 1927
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