Tierman's v. Security Building & Loan Ass'n No. 2
Supreme Court of Missouri
Appeal from Sb. Louis Ciby Circuit Court. — Hon. Seldbn P. Sfencer, Judge. (1) Under the by-law of the association, directing Tiernan as its secretary to deposit at least once a month with the treasurer all moneys received for the association, the relation between the association and Tiernan in regard to the moneys so received was, because of the credit thus given, simply that of debtor and creditor, and not that of trustee and cestui que trust.
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Appeal from Sb. Louis Ciby Circuit Court. — Hon. Seldbn P. Sfencer, Judge. (1) Under the by-law of the association, directing Tiernan as its secretary to deposit at least once a month with the treasurer all moneys received for the association, the relation between the association and Tiernan in regard to the moneys so received was, because of the credit thus given, simply that of debtor and creditor, and not that of trustee and cestui que trust. Bank v. Armstrong, 148 U. S. 50; Bank v. Beal, 49 Fed. Rep. 606; Khatchbull v. Hallett, 13 Oh. D. 702. (2) Without taking into consideration the…
1Opinion of the CourtBrace, P. J.
This is an appeal by John H. Tracy, executor of Joseph H. Tiernan, deceased, from a decree of the circuit court of the city of St. Louis, in favor of the Security Building & Loan Association No. 2, for the sum of $3,231.25, payable out of a fund of $3,561, brought into said court by The State Bank of St. Louis, in an action instituted by a bill of interpleader by said bank therein, against the said parties, and in which each of them interpleaded claiming said funds, the remainder thereof after payment of costs being awarded to the appellant.
There is no dispute about the facts in the case. •…
2Cases cited6 opinions
- Harrison v. SmithSupreme Court of Missouri · 1884
- Stoller v. CoatesSupreme Court of Missouri · 1885
- Evangelical Synod of North America v. SohoeneichSupreme Court of Missouri · 1898
- First National Bank v. SanfordMissouri Court of Appeals · 1895
- Pundmann v. SchoenichSupreme Court of Missouri · 1898
1 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
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- State Ex Rel. North Todd Gentry v. Page BankSupreme Court of Missouri · 1929
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