First National Bank v. Produce Exchange Bank

On Motion for Rehearing.

TRIMBLE, J.

(dissenting). — This is an action by one bank against another for money had and received. It is in three counts, each seeking to recover the sum of $1,000 obtained from plaintiff, The First National Bank of Kansas City, in this manner :

The List Construction Company, the List & Clark Construction Company and the List & Bagwell Construction Company were engaged in the railroad contracting business and during the years 1929-30-31, carried bank accounts in the two banks parties to this suit and in other Kansas City Banking Institutions. They were more or less…