Legal Opinion

Teasdale v. Stoller

Supreme Court of Missouri

Decided March 24, 1896PublishedCited by 20 opinions

Appeal from Jackson Circuit Court. — Hon. J. H. Slover, Judge. (1) That a party who has paid a judgment, afterward reversed, can recover the same in an action for money had and received is well settled by the current of authorities. Northivestern Fuel Co. v. Brock, 139 U. S. 216, and numerous cases therein cited.

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Appeal from Jackson Circuit Court. — Hon. J. H. Slover, Judge. (1) That a party who has paid a judgment, afterward reversed, can recover the same in an action for money had and received is well settled by the current of authorities. Northivestern Fuel Co. v. Brock, 139 U. S. 216, and numerous cases therein cited. (2) An assignee, as such, has no power .to compromise any claim in favor of, or against, the estate in his charge, without authority, and the mode of obtaining that authority is specific and exclusive. R. S. 1879, sec. 395; Revision of 1889, see. 465. (3) The extract quoted from some…

1Opinion of the CourtBrace, P. J.

On the first of August, 1878, the defendants deposited in the Mastín Bank, of Kansas City, $3,757.56 to be transmitted to the Exchange Bank of Denver, Colorado, and placed to the credit there of óne E. P. Earnest.

On the third of August, 1878, the Mastín Bank failed, without having made such transfer, and made a general statutory assignment, for the benefit of its *649creditors, to Kersey Coates, who accepted the trust. On the twenty-ninth of January, 1879, the demand of defendants, based upon such deposit, was presented to the assignee and allowed in the general class of demands against the…

2Cases cited3 opinions

  1. Stoller v. CoatesSupreme Court of Missouri · 1885
  2. Scholey v. . HalseyNew York Court of Appeals · 1878
  3. Mastin v. StollerSupreme Court of Missouri · 1891

3Cited by20 opinions

  1. Atlantic Coast Line Railroad v. FloridaSupreme Court of the United States · 1935
  2. American Brewing Co. v. City of St. LouisSupreme Court of Missouri · 1905
  3. De Mayo v. LyonsSupreme Court of Missouri · 1950
  4. Kostuba v. MillerSupreme Court of Missouri · 1897
  5. Gillen v. BayfieldSupreme Court of Missouri · 1932

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