Kenneth Investment Co. v. National Bank
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — Now. Selclen P. Spencer, Judge. (1) The court’s action in referring the case upon the application of the defendant and against the protest and objection of plaintiff, was erroneous. Sec. 698, R. S. 1899; Dooley v. Barker, 2 Mo. App. 325; Schmidt v. Rose, 6 Mo. App. 579; Thornton v. Life Ass’n, 7 Mo.
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Appeal from St. Louis City Circuit Court. — Now. Selclen P. Spencer, Judge. (1) The court’s action in referring the case upon the application of the defendant and against the protest and objection of plaintiff, was erroneous. Sec. 698, R. S. 1899; Dooley v. Barker, 2 Mo. App. 325; Schmidt v. Rose, 6 Mo. App. 579; Thornton v. Life Ass’n, 7 Mo. App. 544. (2) When the court may refer a case without the consent of the parties, it may act on the evidence reported by the referee and find different conclusions of fact from those reported by the referee. And appellate courts may review findings of…
1Opinion of the CourtBland, P. J.
Whether or not a case may be referred over the objections of one or both of the parties to a suit, must be determined in each ease by the pleadings and the issues raised by the parties themselves. The Father Matthew Society v. Fitzwilliams, 84 Mo. 406; Johnson v. Blell, 61 Mo. App. 37.
A critical examination of the pleadings in this ease discloses the following admitted facts:
First. . Plaintiff was a customer of the defendant bank from November, 1893, to November, 1894, and from time to time made deposits on general account with it and from time to time drew its check against its deposits.
Secon…
2Cases cited36 opinions
- Leather Manufacturers' Bank v. MorganSupreme Court of the United States · 1886
- Shipman v. Bank of New YorkNew York Court of Appeals · 1891
- President of the Bank of the United States v. President of the Bank of GeorgiaSupreme Court of the United States · 1825
- Critten v. Chemical National BankNew York Court of Appeals · 1902
- First Nat. Bank of Washington v. WhitmanSupreme Court of the United States · 1877
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- Smith v. Ohio Millers Mutual Fire InsuranceSupreme Court of Missouri · 1928
- Trice v. LancasterMissouri Court of Appeals · 1954
- McElvain v. St. Louis & San Francisco RailroadMissouri Court of Appeals · 1910
- Union Biscuit Co. v. Springfield Grocer Co.Missouri Court of Appeals · 1910
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