German Fire Insurance v. Kimble
Missouri Court of Appeals
Appeal from the Carroll Circuit Court. — Hon. T. M. Lavelook, Special Judge. (1) This court in this cause may look to the record and give such judgment as to them shall seem agreeable to the law and facts. Keiser v. Gammon, 95 Mo. 223; Morey v. Staley, 54 Mo. 419; Holden v Vaughan, 64 Mo.'590; Rogers v. Broivn, 61 Mo. 187; Beck v. Pollard, 55 Mo. 26. This court may examine the agreed statement of facts.
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Appeal from the Carroll Circuit Court. — Hon. T. M. Lavelook, Special Judge. (1) This court in this cause may look to the record and give such judgment as to them shall seem agreeable to the law and facts. Keiser v. Gammon, 95 Mo. 223; Morey v. Staley, 54 Mo. 419; Holden v Vaughan, 64 Mo.'590; Rogers v. Broivn, 61 Mo. 187; Beck v. Pollard, 55 Mo. 26. This court may examine the agreed statement of facts. Shaw v. Padley, 64 Mo. 519; Stone v. Corbett, 20 Mo. 352. (2) It is expressly stipulated in the agreed statement of facts “that there is no evidence that the proceeds of said note were not…
1Opinion of the CourtGill, J.
This is a suit in equity, whereby plaintiff seeks to charge the assets of the Farmers Bank of Wakenda, Carroll county, Missouri (which assets are now in the hands of defendant Kimble, its assignee), with the payment of a sum of money which said bank collected for the plaintiff, and which it failed to pay over to the plaintiff. The case was tried on an agreed statement of facts, the substance of which is: On June 1, 1894, plaintiff sent to said bank for collection a promissory note for $44 on M. M. Winfrey; the agreed case states that it was, at the time, mutually agreed between the plaintiff…
2Cases cited3 opinions
- National Bank v. Insurance Co.Supreme Court of the United States · 1881
- Harrison v. SmithSupreme Court of Missouri · 1884
- Stoller v. CoatesSupreme Court of Missouri · 1885
3Cited by5 opinions
- Ober & Sons Co. v. CochranSupreme Court of Georgia · 1903
- National Life Insurance of Montpelier v. MatherAppellate Court of Illinois · 1905
- Thomson v. Bank of SyracuseMissouri Court of Appeals · 1926
- First National Bank v. DennisNew Mexico Supreme Court · 1915
- State v. HammonsArizona Supreme Court · 1932