Deibel v. Jefferson Bank
Missouri Court of Appeals
Appeal from the Circuit Court of the City of St. Louis. —Hon Kent K. Koerner, Judge. (1) The money advanced by the plaintiff was a loan to the defendant and was to be repaid as soon as the bank was in a condition' to do so. The evidence showed that the bank later was able to pay after the crisis had passed which required the loan of the money.
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Appeal from the Circuit Court of the City of St. Louis. —Hon Kent K. Koerner, Judge. (1) The money advanced by the plaintiff was a loan to the defendant and was to be repaid as soon as the bank was in a condition' to do so. The evidence showed that the bank later was able to pay after the crisis had passed which required the loan of the money. (2) The Jefferson Bank received from the plaintiff $2500 which in equity and good conscience- the defendant should pay over to plaintiff. The action of the money had and received is favored by the courts and is so flexible in form and relief that it;…
1Opinion of the CourtBecker, J.
— This is an action by plaintiff, against defendant hank, as for money had and received. At the close of plaintiff’s case the defendant’s demurrer to the evidence was sustained and plaintiff took an involuntary nonsuit with leave to set same aside. From the action of the trial court in overruling plaintiff’s motion for a new trial, plaintiff brings this appeal.
The plaintiff’s petition is in' three counts. First, that plaintiff loaned to the bank the sum of $2500, which the bank was thereafter to repay with interest. Second, that the defendant received $2500, which the defendant has retained…
2Cases cited4 opinions
- Wood v. Kansas City Home Telephone Co.Supreme Court of Missouri · 1909
- Bushnell v. LoomisSupreme Court of Missouri · 1911
- Brown v. WorthingtonMissouri Court of Appeals · 1912
- Sornborger v. SanfordNebraska Supreme Court · 1892
3Cited by8 opinions
- Duke v. ForceWashington Supreme Court · 1922
- Weisert v. BrammanSupreme Court of Missouri · 1948
- Arthur Fels Bond & Mortgage Co. v. PollockSupreme Court of Missouri · 1941
- McQueen v. First National BankArizona Supreme Court · 1929
- Wilson v. WilsonMissouri Court of Appeals · 1962
3 more not listed; retrieve them via the Exa API.