Reynolds v. Title Guaranty Trust Co.
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — Eon. Rhodes E. Gave, Judge. (1) The action for money had and received is equitable in character; is governed by principles of equity, and lies where one person has received money belonging to another which in justice and good conscience he should not he permitted to retain. Third National Bank v. St. Charles Sav. Bank, 244 Mo. 581; Reynolds v. Gerdelman, 185" Mo.
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Appeal from St. Louis City Circuit Court. — Eon. Rhodes E. Gave, Judge. (1) The action for money had and received is equitable in character; is governed by principles of equity, and lies where one person has received money belonging to another which in justice and good conscience he should not he permitted to retain. Third National Bank v. St. Charles Sav. Bank, 244 Mo. 581; Reynolds v. Gerdelman, 185" Mo. App. 183.- (2) A promoter is not an agent of the corporation to he formed, and the corporation is not liable for contracts entered into by promoters. Joy v. Manion, 28 Mo. App. 60; Davis &…
1Opinion of the CourtAllen, J.
This is an action prosecuted by the receiver of the Continental Assurance Company of America as for money had and. received. The first count of the petition is predicated upon the theory that the defendant is liable for the return of the proceeds of a check for the sum of $5445.18, executed in the name of the Continental Assurance Company of America, and which is said to have been received by the defendant Trust Company in payment of a private debt of one Harry B. Gardner, a promoter of the Assurance Com*28pany. The second count of the petition is predicated upon a like theory, involving the…
2Cases cited6 opinions
- Queen City Furniture & Carpet Co. v. CrawfordSupreme Court of Missouri · 1895
- St. Louis Charcoal Co. v. LewisMissouri Court of Appeals · 1911
- Ellerbe v. National Exchange BankSupreme Court of Missouri · 1891
- Taylor v. St. Louis National Life InsuranceSupreme Court of Missouri · 1915
- Coleman v. StockeMissouri Court of Appeals · 1911
1 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- McCullam v. Buckingham Hotel Co.Missouri Court of Appeals · 1917
- Jennings v. Studebaker Sales Corp. of AmericaSupreme Court of New Jersey · 1934
- Great Southwest Life Ins. Co. v. Pruitt HarpSupreme Court of Oklahoma · 1936
- Burns v. Western Protective InsuranceMissouri Court of Appeals · 1928
- Appeal of Newman Theatre Co.United States Board of Tax Appeals · 1926
2 more not listed; retrieve them via the Exa API.