State ex rel. County of St. Louis v. Dailey
Missouri Court of Appeals
Appeal from St. Louis Circuit- Court. A ■ collecting agent must pay over the moneys he collects as soon as he receives them. — Lyle v. Murray, 4 Sandf. 593; Turney v. 'Gock-ran, 1 Watts & S. 119; Berry v-. Pierson, 1 Gill, 248 ; Lilly v. Hoyt, 5 Hill, 395 ; Green v. Johnson, 3 Gill & J. 395. Where the duty of the agent is'to collect and pay over, the statute begins to run upon demand and refusal.— Murray v. Coster, 20 Johns. 565 ; Taylor v. Spears, 8 Ark. 429; Lever v.…
Read the full summary
Appeal from St. Louis Circuit- Court. A ■ collecting agent must pay over the moneys he collects as soon as he receives them. — Lyle v. Murray, 4 Sandf. 593; Turney v. 'Gock-ran, 1 Watts & S. 119; Berry v-. Pierson, 1 Gill, 248 ; Lilly v. Hoyt, 5 Hill, 395 ; Green v. Johnson, 3 Gill & J. 395. Where the duty of the agent is'to collect and pay over, the statute begins to run upon demand and refusal.— Murray v. Coster, 20 Johns. 565 ; Taylor v. Spears, 8 Ark. 429; Lever v. Lever, 1 Hill (S. C.), 67 ; Topham v. Braddick, 1 Taun. 573; Jayne v. Mickey, 55 Pa. St. 260; The State ex rel. v. Minor, 44…
1Opinion of the CourtLewis, P. J.
This is a suit against principal and sureties on the official bond of defendant Dailey, as clerk of the Criminal Court of St. Louis County. The penal sum in the bond is $10,000, and among the conditions it is stipulated that the principal “ shall faithfully perform the duties of his office, and pay over all moneys which may come to his hands by virtue of his office.” The issues made upon the breaches assigned cover the defendant Dailey’s failure to pay over large sums of money received by him during his term of office and after its expiration. The cause was tried before the court, sitting as…
2Cases cited4 opinions
- Kane v. BloodgoodNew York Court of Chancery · 1823
- Moss v. State ex rel. Jefferson Co.Supreme Court of Missouri · 1847
- State ex rel. Winburn v. MinorSupreme Court of Missouri · 1869
- State v. GrimsleySupreme Court of Missouri · 1853
3Cited by6 opinions
- State ex rel. School District v. HarterSupreme Court of Missouri · 1905
- Oregon v. DavisOregon Supreme Court · 1903
- Purcell Bank & Trust Co. of Purcell v. ByarsSupreme Court of Oklahoma · 1917
- State ex rel. Walsh v. VogelMissouri Court of Appeals · 1883
- Carder v. PrimmMissouri Court of Appeals · 1892
1 more not listed; retrieve them via the Exa API.