Deal v. Mississippi County Bank
Missouri Court of Appeals
Appeal from the Mississippi Circuit Court. — Hon. Henby C. Riley, Judge. This is a suit for money had and received, and the petition is good. Johnson v. Bank, 116 Mo. 558. The respondents had stored in the elevator two thousand and sixty-six bushels of wheat, and not having authorized any disposition of it were entitled to that amount, and even mixed it with other wheat could not affect their rights. Huff v. Henry, 57 Mo.
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Appeal from the Mississippi Circuit Court. — Hon. Henby C. Riley, Judge. This is a suit for money had and received, and the petition is good. Johnson v. Bank, 116 Mo. 558. The respondents had stored in the elevator two thousand and sixty-six bushels of wheat, and not having authorized any disposition of it were entitled to that amount, and even mixed it with other wheat could not affect their rights. Huff v. Henry, 57 Mo. App. 341; Kaufmann v. Schilling, 58 Mo. 218. Besides, the remarks of the court are not and can not by bill of exceptions be made a part of the record. Paint Co. v. Shooting…
1Opinion of the CourtBiggs, J.
This is an action for money had and received. The theory of the petition is that the defendant bank received from one Crenshaw $1,860 in trust to be paid to plaintiffs in satisfaction of a debt due from Crenshaw to plaintiffs; that the defendant refused to pay the money to plaintiffs and in violation of the trust undertoook to apply the fund on an indebtedness due from Crenshaw to it. The facts as alleged are substantially these: In 1897, Crenshaw owned an elevator and flouring mill. The plaintiffs are fanners. ■ In July, August and October.they deposited for storage in Crenshaw’s elevator…
2Cases cited8 opinions
- Johnson—Brinkman Commission Co. v. Central BankSupreme Court of Missouri · 1893
- Kostuba v. MillerSupreme Court of Missouri · 1897
- Suddarth v. RobertsonSupreme Court of Missouri · 1893
- Clark v. First National BankMissouri Court of Appeals · 1894
- Judy v. Farmers & Traders' BankSupreme Court of Missouri · 1884
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3Cited by5 opinions
- York v. Farmers BankMissouri Court of Appeals · 1904
- Early v. Atchison, Topeka & Santa Fe Railway Co.Missouri Court of Appeals · 1912
- Garrett v. Bank of ChelseaMissouri Court of Appeals · 1922
- Houts v. DunhamMissouri Court of Appeals · 1912
- Holmes v. HughesArizona Supreme Court · 1924