Foster v. Fidelity Safe Deposit Co.
Supreme Court of Missouri
Appeal from Jackson Circuit Court. — Hon. John I. Williamson, Judge. (1) The envelope containing the money in question could not have been lost so as to constitute the plaintiff the finder thereof, because it was discovered upon a desk in defendant’s coupon room where it had been placed by a preceding occupant. Hoagland v. Amusement Co., 170 Mo. 342; Loucks v. G-allogly, 23 N. T. Supp. 126; McAvoy v. Medina, 93 Mass. 548; Lawrence v. State, 1 Humph.
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Appeal from Jackson Circuit Court. — Hon. John I. Williamson, Judge. (1) The envelope containing the money in question could not have been lost so as to constitute the plaintiff the finder thereof, because it was discovered upon a desk in defendant’s coupon room where it had been placed by a preceding occupant. Hoagland v. Amusement Co., 170 Mo. 342; Loucks v. G-allogly, 23 N. T. Supp. 126; McAvoy v. Medina, 93 Mass. 548; Lawrence v. State, 1 Humph. (Tenn.) 228; Kincaid v. Eaton, 98 Mass. 139; Haymaker v. Blanchard, 90 Pa. St. 377, 35 Am. Rep. 664; Deadrick v. Oulds, 86 Tenn. 14; Bank v.…
1Opinion of the CourtBond, J.
Mislead Money!
This case comes to this court on the ■dissent of one of the Judges of the Kansas City Court of Appeals to the decision of the majority of said court, and a request that it be certified here as being in conflict with two of our decisions. The facts and conclusions of law applicable to them are ■clearly and accurately stated in the following extracts from the decision of Judge Ellison, speaking for the Kansas City Court of Appeals:
“Defendant is a safe deposit company. It maintains individual safes or compartments which it rents to customers for the safe-keeping of money and other…
2Cases cited5 opinions
- Hoagland v. Forest Park Highlands Amusement Co.Supreme Court of Missouri · 1902
- Bowen v. SullivanIndiana Supreme Court · 1878
- Kincaid v. EatonMassachusetts Supreme Judicial Court · 1867
- Loucks v. GalloglyAlbany City Court · 1892
- Deaderick v. OuldsTennessee Supreme Court · 1887
3Cited by18 opinions
- Foulke v. New York Consolidated RailroadNew York Court of Appeals · 1920
- Favorite v. MillerSupreme Court of Connecticut · 1978
- Cohen v. Manufacturers Safe Deposit Co.New York Court of Appeals · 1948
- Benjamin v. Lindner Aviation, Inc.Supreme Court of Iowa · 1995
- Paset v. Old Orchard Bank & Trust Co.Appellate Court of Illinois · 1978
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