First National Bank v. Sanford
Missouri Court of Appeals
Appeal from the Greene Circuit Court. — Hon. James T. Neville, Judge. A preference should have been decreed in favor of plaintiff as prayed. Stoller v. Coates, 88 Mo. 514; Harrison v. Smith, 83 Mo. 210; Peaks v. Mlicott, 30-Kan. 156; Thompson v. Savings Institution, 8 Atl. Rep. 97; Independent Hist, of Boyer v. King, 45 N. W. Rep. 908; Havenport Plow Co. v. Lamb, 45 N. W. Rep. 1049; Nurse v. Satterlee, 46 N. W. Rep. 1102; Bank v. Kingt 57 Pa.
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Appeal from the Greene Circuit Court. — Hon. James T. Neville, Judge. A preference should have been decreed in favor of plaintiff as prayed. Stoller v. Coates, 88 Mo. 514; Harrison v. Smith, 83 Mo. 210; Peaks v. Mlicott, 30-Kan. 156; Thompson v. Savings Institution, 8 Atl. Rep. 97; Independent Hist, of Boyer v. King, 45 N. W. Rep. 908; Havenport Plow Co. v. Lamb, 45 N. W. Rep. 1049; Nurse v. Satterlee, 46 N. W. Rep. 1102; Bank v. Kingt 57 Pa. St. 202. It is not sufficient to entitle appellant to preference that the use made by the bank of the trust fund reduced the liabilities of the bank,…
1Opinion of the CourtRombauer, P. J.
The banking firm of C. B. Holland & Son, of Springfield, Missouri, was indebted to the plaintiff on a certificate of deposit in the sum of $2,080.80. The plaintiff, through its agent, sent this certificate, for collection, to the defendant’s assignor. *396The defendant’s assignor collected the amount through the agency of the clearing house in Springfield on the tenth of July, 1893, and two days thereafter made a general assignment for the benefit of its creditors to the. defendant. On the day when the certificate was collected by the defendant’s assignor,, it had cash in its vaults in excess of…
2Cases cited4 opinions
- Peak v. EllicottSupreme Court of Kansas · 1883
- Harrison v. SmithSupreme Court of Missouri · 1884
- Stoller v. CoatesSupreme Court of Missouri · 1885
- Davenport Plow Co. v. LampSupreme Court of Iowa · 1890
3Cited by19 opinions
- Federal Reserve Bank v. PetersSupreme Court of Virginia · 1924
- Paul v. DraperSupreme Court of Missouri · 1900
- Federal Reserve Bank v. MillspaughSupreme Court of Missouri · 1926
- Evangelical Synod of North America v. SohoeneichSupreme Court of Missouri · 1898
- Ober & Sons Co. v. CochranSupreme Court of Georgia · 1903
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