Linn County v. Farmers' & Merchants' Bank
Supreme Court of Missouri
Appeal from Linn Circuit Court. — Hon. Jno. P. Butter, Judge. (1) If $359.70, the amount of the judgment was retained by defendants as a credit due plaintiff on account of interest, it was by mistake. .However, the total sum of $722.77 was paid to the county treasurer by defendants covering the entire term of two years from May 4, 1897, to May 2, 1899, at four and one-twentieth per cent interest on all daily balances, which were paid to said county monthly, accepted and…
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Appeal from Linn Circuit Court. — Hon. Jno. P. Butter, Judge. (1) If $359.70, the amount of the judgment was retained by defendants as a credit due plaintiff on account of interest, it was by mistake. .However, the total sum of $722.77 was paid to the county treasurer by defendants covering the entire term of two years from May 4, 1897, to May 2, 1899, at four and one-twentieth per cent interest on all daily balances, which were paid to said county monthly, accepted and received by him as such treasurer, without protest or objection, as a true and correct account, computed on all daily…
1Opinion of the Court
BUEGESS, J. J.
— This is an action to recover $424.50, claimed to be the balance due plaintiff by defendants as depository of its funds for two years from the 4th day of May, 1897, at four and one-twentieth per cent interest, on daily balances. Plaintiff had 'judgment for the sum of $359.70. Defendants appeal.
The facts briefly stated are, that the Farmers ’ and Merchants’ Bank was at the time of the institution of this suit on April 18,1900, and prior thereto, a partnership banking institution, and C. W. Trumbo, O. E. Trumbo, Marion Cave, Lee Meyer and James Brown were the partners and as such…
2Cases cited4 opinions
- Reid v. MullinsSupreme Court of Missouri · 1869
- Westcott v. De MontrevilleSupreme Court of Missouri · 1860
- Engel v. DresselMissouri Court of Appeals · 1887
- State ex rel. Keithly v. GrupeSupreme Court of Missouri · 1865
3Cited by1 opinion
- Moran v. StewartSupreme Court of Missouri · 1912