McCullam v. Third National Bank
Missouri Court of Appeals
Appeal from the Circuit Court of the City of St. Louis. —Son. V. S. Falhenhainer, Judge. (1) The form and contents of tire nineteen checks not introduced in evidence was sufficiently shown by the book entries of the Masters Lumber Company and the defendant. Clifford Banking Co. v. Donovan Com.
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Appeal from the Circuit Court of the City of St. Louis. —Son. V. S. Falhenhainer, Judge. (1) The form and contents of tire nineteen checks not introduced in evidence was sufficiently shown by the book entries of the Masters Lumber Company and the defendant. Clifford Banking Co. v. Donovan Com. Co., 195 Mo. 262. (2) In receiving’ the checks of the Masters Lumber Company the defendant had notice that the same were the property of the corporation and that S. M. Masters as president had no implied authority to use the same for his own benefit. Lee v. Smith, 84 Mo. 304; Clifford Banking Co. v.…
1Opinion of the CourtDaues, J.
This is an action for money had and received, brought by plaintiff, the Appellant, as Trustee in Bankruptcy of the Masters Lumber Company, against the Respondent, Third National Bank, to recover $13,579 alleged to have been received by the Respondent at various times and in various amounts between October, 1911, and February, 1914, for the use and benefit of the Masters Lumber Company.'
The case was referred to Henry S. Caulfield, Esq., as Referee, to try all issues in the case. The Referee found in favor of the Bank, and recommended a judgment for the defendant. Plaintiff filed exceptions to…
2Cases cited18 opinions
- National Bank v. Insurance Co.Supreme Court of the United States · 1881
- Bischoff v. . Yorkville BankNew York Court of Appeals · 1916
- Oddie v. . the Nat. City Bank of New YorkNew York Court of Appeals · 1871
- Wagner Trading Co. v. Battery Park National BankNew York Court of Appeals · 1920
- Clifford Banking Co. v. Donovan Commission Co.Supreme Court of Missouri · 1906
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3Cited by9 opinions
- Quanah, Acme & Pacific Railway Co. v. Wichita State Bank & Trust Co.Texas Supreme Court · 1936
- Brede Decorating, Inc. v. Jefferson Bank & Trust Co.Supreme Court of Missouri · 1961
- New Amsterdam v. National NewarkNew Jersey Court of Chancery · 1934
- W. L. Chase & Co. v. Norfolk National Bank of Commerce & TrustsCourt of Appeals of Virginia · 1928
- Cassel v. Mercantile Trust CompanySupreme Court of Missouri · 1965
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