Citizens Trust Co. v. Tindle
Supreme Court of Missouri
Appeal from Pemiscot' Circuit Court. — Hon. Frank ' Kelly, Judge. (1) Our statute provides that every action shall he prosecuted in the name of the real party in interest. The Citizens Trust Company, as assignee, has am interest in the bond.
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Appeal from Pemiscot' Circuit Court. — Hon. Frank ' Kelly, Judge. (1) Our statute provides that every action shall he prosecuted in the name of the real party in interest. The Citizens Trust Company, as assignee, has am interest in the bond. Sec. 1729, R. S. 1909; Waterman v. Prank, 21 Mo. 111. (2) There is nothing in section 1084 that prevented the Pemicost County Bank from doing what it did do, in assigning certain assets and choses in action to its co-plaintiff, the Citizens Trust Company. Section 1084 prohibits a bank that is “receiving deposits” from making a “general assignment of its…
1Opinion of the CourtWalker, J.
This is a suit to recover on a bond of respondent, A. C. Tindle, for losses to the plaintiff bank on account of the embezzlement of . its funds by Tindle as its cashier. The plaintiff trust company sues as assignee for the purpose of liquidating the assets of the bank of which the bond is a part. The defendants, other than Tindle, are the sureties on his bond.
The petition states the corporate capacity of the plaintiff trust company, its rights, powers and privileges as such, aud that it acquired for value received by contracts as assignee, all assets and claims of the Pemiscot County Bank for…
2Cases cited4 opinions
- Jones v. Kansas City, Fort Scott & Memphis RailroadSupreme Court of Missouri · 1903
- Lee v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1906
- Mix v. SingletonIllinois Supreme Court · 1877
- City of St. Louis v. St. Louis & San Francisco RailroadSupreme Court of Missouri · 1910
3Cited by16 opinions
- Citizens Bank of Smithville v. LairMissouri Court of Appeals · 1985
- Exchange Bank of Novinger v. TurnerSupreme Court of Missouri · 1929
- Prudential Insurance Co. of America v. GoldsmithMissouri Court of Appeals · 1945
- Zoglin v. LaylandMissouri Court of Appeals · 1959
- Beauchamp v. North American Savings Ass'nMissouri Court of Appeals · 1976
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