Legal Opinion

Country Club Dairy Co. v. Peoples Bank of Kansas City

District Court, W.D. Missouri

Decided February 5, 1959No. 12185Published

1Opinion of the Court

R. JASPER SMITH, District Judge.

One Robert Randall was the owner and operator of a milk pick-up route wherein he picked up the milk of various producers and delivered it to plaintiff. Plaintiff periodically remitted checks to Randall for the milk which he had delivered.

Defendants Peoples Bank of Kansas City and the Farmers Bank, Gardner, Kansas, each made loans to Randall which he promised to repay from the proceeds he received from plaintiff. The record does not disclose with certainty which of the loan transactions was prior in point of time, and for present purposes this issue is…

2Cases cited5 opinions

  1. Treinies v. Sunshine Mining Co.Supreme Court of the United States · 1940
  2. Dugas v. American Surety Co.Supreme Court of the United States · 1937
  3. Cramer v. Phoenix Mut. Life Ins. Co. of Hartford, Conn.Court of Appeals for the Eighth Circuit · 1937
  4. Mrs. Elsie Haynes v. William D. Felder, Jr.Court of Appeals for the Fifth Circuit · 1957
  5. Dugas v. American Surety Co.Court of Appeals for the Fifth Circuit · 1936

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