Stotts City Bank v. Miller Lumber Co.
Missouri Court of Appeals
Appeal from Lawrence Circuit Court. — No». H. C. Pepper, Judge. (1) It was the imperative duty of the court, under section 695, Revised Statutes 1899, to make a finding of all pf the issuable facts presented by the pleadings and evidence; also of the law applicable to the issuable facts. Unless the court has so found, the case should be reversed and remanded for new trial. Ins. Co. v. Tribble, 86 Mo.
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Appeal from Lawrence Circuit Court. — No». H. C. Pepper, Judge. (1) It was the imperative duty of the court, under section 695, Revised Statutes 1899, to make a finding of all pf the issuable facts presented by the pleadings and evidence; also of the law applicable to the issuable facts. Unless the court has so found, the case should be reversed and remanded for new trial. Ins. Co. v. Tribble, 86 Mo. App. 546; Cochran v. Thomas, 131 Mo. 278; Nichols v. Carter, 49 Mo". App. 401; Bailey v. Emerson, 87 Mo. App. 225. (2) When the finding of facts is not supported by the evidence, it may be…
1Opinion
On Rehearing.
2Per curiam
On motion for rehearing in this ease, respondent’s counsel insist that it should not be held to pay the checks involved for the reason that O’Kelley had embezzled from respondent to the amount of $3,200, citing in support of that contention Bank v. Schaumberg, 38 Mo. 228; Bank v. Lowell, 109 Mass. 214; Bank v. South Hadley, 128 Mass. 503, and the dissenting opinions in Bank v. Lumber Company, 54 Mo. App. 327; 60 Mo. App. 255. Counsel argue that we have either overlooked those decisions or have ignored the doctrine of law they announce, which is said to be exactly in point in the…
3Cases cited6 opinions
- Agawam National Bank v. Inhabitants of South HadleyMassachusetts Supreme Judicial Court · 1880
- Anderson v. KissamU.S. Circuit Court for the District of Southern New York · 1888
- Mechanics' Bank v. SchaumburgSupreme Court of Missouri · 1866
- Railroad National Bank v. City of LowellMassachusetts Supreme Judicial Court · 1872
- First National Bank v. Badger Lumber Co.Missouri Court of Appeals · 1893
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