Mayer v. Citizens Bank
Missouri Court of Appeals
Appeal from tbe Boone Circuit Court. — Son. John A. Soclcaday, Judge. (1) Tbe court erred in overruling the demurrer to tbe evidence on tbe third'count, and in refusing defendant’s declaration of law number J, because there was no evidence tending to show any notice on its part as to the trust character of the fund in controversy. Thornton v. Bankin, 19 Mo. 193 ; Powell v. Morrison, 35 Mo. 244; Eletcher v. Shaumburg, 41 Mo. 501; Eyerman v. Bank, 13 Mo.
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Appeal from tbe Boone Circuit Court. — Son. John A. Soclcaday, Judge. (1) Tbe court erred in overruling the demurrer to tbe evidence on tbe third'count, and in refusing defendant’s declaration of law number J, because there was no evidence tending to show any notice on its part as to the trust character of the fund in controversy. Thornton v. Bankin, 19 Mo. 193 ; Powell v. Morrison, 35 Mo. 244; Eletcher v. Shaumburg, 41 Mo. 501; Eyerman v. Bank, 13 Mo. App. 289; affirmed in 84 Mo. 408; Clark v. Bank, 57 Mo. App. 277. (2) The evidence wholly fails to identify the money received by defendant on…
1Opinion of the CourtSmith, P. J.
This is an action for conversion by defendant bank of a sum of money deposited with it. The petition was in three counts. On the first and second the finding was for the defendant and on the third for plaintiffs. There was a trial by the court, Avithout a jury, resulting in judgment for plaintiffs and defendant appeals.
The appealing defendant assails the judgment on the ground that the evidence is insufficient to support it. Turning to the record and we find that there is very little if any dispute as to the evidence. The facts which it tends to prove are that Palmer, curator, sold the…
2Cases cited13 opinions
- Harrison v. SmithSupreme Court of Missouri · 1884
- Stoller v. CoatesSupreme Court of Missouri · 1885
- Midland National Bank of Kansas City v. BrightwellSupreme Court of Missouri · 1899
- Evangelical Synod of North America v. SohoeneichSupreme Court of Missouri · 1898
- Phillips v. OverfieldSupreme Court of Missouri · 1890
8 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Horigan Realty Co. v. First National BankMissouri Court of Appeals · 1925
- Western Casualty & Surety Co. v. First State Bank of Bonne TerreMissouri Court of Appeals · 1965
- Sparrow v. State Exchange BankMissouri Court of Appeals · 1903
- Moore v. First National BankMissouri Court of Appeals · 1911
- Drumm-Flato Commission Co. v. Gerlack BankMissouri Court of Appeals · 1902
3 more not listed; retrieve them via the Exa API.