Pundmann v. Schoenich
Supreme Court of Missouri
Appeal from St. Charles Circuit Court. — Hon. E. M. Hughes, Judge. (1) The default was during Haekmann’s first term of office; or at least not clearly proved to have been during his second term, hence plaintiff’s were not liable to replace the peculated funds. State ex rel. v. Branch, 126 Mo. 498; State ex rel. v. Branch, 134 Mo. 592; State to usev.
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Appeal from St. Charles Circuit Court. — Hon. E. M. Hughes, Judge. (1) The default was during Haekmann’s first term of office; or at least not clearly proved to have been during his second term, hence plaintiff’s were not liable to replace the peculated funds. State ex rel. v. Branch, 126 Mo. 498; State ex rel. v. Branch, 134 Mo. 592; State to usev. Jones, 89 Mo. 470; State to use v. Atherton, 40 Mo. 210. (2) In order to fasten a lien, or trust, for converted trust funds, it is necessary that the trust funds are clearly identified or traced into an ascertainable property or product. It is not…
1Opinion of the CourtGantt, P. J.
Plaintiffs were the securities on the bond of John F. Hackmann, the treasurer of the *153city of St. Charles. Hackmann was a member of the firm of S. H. Merten & Company, composed of Stephen H. Merten, William Hackmann and John F. Hackmann, which firm operated a steam flour mill and did a general milling business. John F. Hackmann was the bookkeeper and general manager of the concern, and as such received and paid out all moneys of the firm. With the full knowledge and consent of his partners, John F. Hackmann put the city’s money which he had received as treasurer into the partnership business.…
2Cases cited4 opinions
- National Bank v. Insurance Co.Supreme Court of the United States · 1881
- 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
3Cited by12 opinions
- Paul v. DraperSupreme Court of Missouri · 1900
- Orr v. St. Louis Union Trust Co.Supreme Court of Missouri · 1922
- State Ex Rel. North Todd Gentry v. Page BankSupreme Court of Missouri · 1929
- Tierman's v. Security Building & Loan Ass'n No. 2Supreme Court of Missouri · 1899
- Gatch v. SimpsonOregon Supreme Court · 1901
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