First National Bank v. City National Bank
Missouri Court of Appeals
Appeal from Jackson Circuit Court. — Rom. E. P. Gates, Judge. (1) The evidence does not sustain the allegations of the petition that the money sued for was deposited with the defendant hank in trust for the plaintiff or in trust to pay the holder of the note claimed by plaintiff as the basis of this action. Beyond question the deposit was made by Shinn to the credit of Missouri Live Stock Commission Company.
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Appeal from Jackson Circuit Court. — Rom. E. P. Gates, Judge. (1) The evidence does not sustain the allegations of the petition that the money sued for was deposited with the defendant hank in trust for the plaintiff or in trust to pay the holder of the note claimed by plaintiff as the basis of this action. Beyond question the deposit was made by Shinn to the credit of Missouri Live Stock Commission Company. (2) Nor does the evidence show that an agreement' was made between Shinn and defendant bank for the benefit of plaintiff or the holder of the note sued on. The evidence shows no contract…
1Opinion of the CourtEllison, J.
The plaintiff filed its bill in equity wherein it seeks to have a decree against defendant for the sum of four thousand dollars with interest. The trial court entered the decree accordingly and defendant has come here for relief.
In the view which we take of the case it will not “be necessaiy to state in detail several of the points of dispute or contradictions appearing in the evidence. George W. Shinn gave a negotiable note, and mortgage on cattle to secure it, dated April 19, 1901, to the Missouri live Stock Commission Company for $5,476, due in six months with eight per cent interest from…
2Cases cited14 opinions
- National Bank v. Insurance Co.Supreme Court of the United States · 1881
- Stephens v. . Board of EducationNew York Court of Appeals · 1879
- Cady v. South Omaha National BankNebraska Supreme Court · 1896
- Hatch v. Fourth National BankNew York Court of Appeals · 1895
- Smith v. Des Moines National BankSupreme Court of Iowa · 1899
9 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Northern Sugar Corporation v. ThompsonCourt of Appeals for the Eighth Circuit · 1926
- Horigan Realty Co. v. First National BankMissouri Court of Appeals · 1925
- State v. JacksonSupreme Court of Missouri · 1909
- Stonitsch v. Commerce Bank of Kansas City (In Re Amco Products, Inc.)United States Bankruptcy Court, W.D. Missouri · 1982
- Federal Reserve Bank of Richmond v. State & City Bank & Trust Co.Supreme Court of Virginia · 1928
11 more not listed; retrieve them via the Exa API.