Muth v. St. Louis Trust Co.
Missouri Court of Appeals
Appeal from the St. Louis City Circuit Court. — Hon. Daniel D. Fisher, Judge. Judge Biggs dissents. Defendant has shown no right to retain the .fund sued for. Homer v. National Bank of Commerce, 140 Mo. 225. The check being for the full amount of the fund was in itself an assignment to plaintiff. Boyer v. Hamilton, 21 Mo.
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Appeal from the St. Louis City Circuit Court. — Hon. Daniel D. Fisher, Judge. Judge Biggs dissents. Defendant has shown no right to retain the .fund sued for. Homer v. National Bank of Commerce, 140 Mo. 225. The check being for the full amount of the fund was in itself an assignment to plaintiff. Boyer v. Hamilton, 21 Mo. App. 520, 524. The peremptory instruction given at the end of all the evidence was supported by admissions of defendant, and writings, that made a complete case for plaintiff without the aid of oral testimony. It was correctly given. Wolff v. Campbell, 110 Mo. 114;…
1Opinion of the CourtBland, P. J.
This is a suit brought by William E. Muth against the defendant for $1,041.38, the balance due on a deposit account standing on the books of defendant in the name of the United States Shoe Company. Plaintiff alleged that he was the sole owner of the business conducted in the name of the United States Shoe Company, and was the sole owner of this account; that the account was payable on demand; that payment thereof had been demanded by plaintiff and refused by defendant. Defendant admitted the existence of the account, but denied that plaintiff was the owner of said account, denied each and…
2Cases cited11 opinions
- Wolff v. CampbellSupreme Court of Missouri · 1892
- Lindell v. RokesSupreme Court of Missouri · 1875
- Callahan v. WarneSupreme Court of Missouri · 1867
- Bank of Commerce v. BogySupreme Court of Missouri · 1869
- Taylor v. NewmanSupreme Court of Missouri · 1883
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