Sparrow v. State Exchange Bank
Missouri Court of Appeals
Appeal from Macon Circuit Court. — Ho». Nat. M. Shelton, Judge. (1) It is a well-settled principle that where a depositor in a bank is indebted to the bank by bill, note or other indebtedness the bank has the right to apply sq much of the funds of the depositor as may be necessary to satisfy the same. Morse on Banks and Banking, sec. 559; Bolles on Banks and Dep., sec. 403; Park Bank v. Herman Schneidermeyer, 62 Mo.
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Appeal from Macon Circuit Court. — Ho». Nat. M. Shelton, Judge. (1) It is a well-settled principle that where a depositor in a bank is indebted to the bank by bill, note or other indebtedness the bank has the right to apply sq much of the funds of the depositor as may be necessary to satisfy the same. Morse on Banks and Banking, sec. 559; Bolles on Banks and Dep., sec. 403; Park Bank v. Herman Schneidermeyer, 62 Mo. App. 183; Bank v. Hughes, 17 Wend. 94; 'Marsh v. Bank, 34 Barb. 228. (2) Without notice then of the. fiduciary character of the depositor the bank would have a right to apply the…
1Opinion of the CourtSmith, P. J.
— This is a suit in equity which was brought against the defendant, State Exchange Bank, the object and purpose of which was to secure an accounting between it — the bank — and the estate of John Emdee, the plaintiff’s intestate, and to recover one hundred and fifty-two dollars, etc. The cause was submitted to the court on an agreed statement of facts which was as follows:
1. “That Wm. J. Magee, defendant, was on the thirtieth day of April, 1902, the lawful administrator of the estate of John Emdee, deceased; and also curator, of the Murphy heirs, whose present curator, the successor of said…
2Cases cited18 opinions
- National Bank v. Insurance Co.Supreme Court of the United States · 1881
- Evangelical Synod of North America v. SohoeneichSupreme Court of Missouri · 1898
- Muench v. Valley National BankMissouri Court of Appeals · 1881
- Citizens' Bank v. CarsonSupreme Court of Missouri · 1862
- Johnson v. Payne & Williams BankMissouri Court of Appeals · 1894
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- McLeod v. DespainOregon Supreme Court · 1907
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- William R. Compton Co. v. Farmers Trust Co.Missouri Court of Appeals · 1925
- Enzor v. StateAlabama Court of Appeals · 1936
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