Koontz v. Central National Bank
Supreme Court of Missouri
Error to the Cooper Gounty Circuit Court. I. This is a suit for money had and received, and before the defendants in error can recover they must show an express promise on the part of the plaintiff in error to pay, or such a state of facts as that the law will imply one. II.
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Error to the Cooper Gounty Circuit Court. I. This is a suit for money had and received, and before the defendants in error can recover they must show an express promise on the part of the plaintiff in error to pay, or such a state of facts as that the law will imply one. II. Where money is paid to a known agent, although hy mistake, the action ought to be brought against the principal, and it will not lie against the agent, except after notice, or where he has acted mala fide; the rule being respondeat superior in such cases. I. In this case the money was paid under a mistake of facts; and it…
1Opinion of the CourtWagner, Judge
This case was tried in the court below on an agreed statement, and the material facts are, that prior to July 1870, Mrs. Koontz was engaged in selling millinery goods in the city of Booneville, and at the same time Mrs. Simpson was also engaged in the same kind of business.
Both of them were customers of C. H. Tuttle of St. Louis, who was in the habit, from time to time, of drawing drafts on each of them for amounts due on their purchases, which drafts were sent to the Second National Bank of St. Louis, for' collection, and were collected and remitted. On the 7th day of July, 1870, Tuttle drew…
2Cases cited3 opinions
- The Kingston Bank v. . EltingeNew York Court of Appeals · 1869
- Waite v. LeggettNew York Supreme Court · 1828
- Rheel v. . HicksNew York Court of Appeals · 1862
3Cited by26 opinions
- Lamar Township v. City of LamarSupreme Court of Missouri · 1914
- Adelstein v. Jefferson Bank and Trust CompanySupreme Court of Missouri · 1964
- New York Life Insurance v. GilbertMissouri Court of Appeals · 1923
- Third National Bank v. AllenSupreme Court of Missouri · 1875
- Norton v. BohartSupreme Court of Missouri · 1891
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