R. H. Kobusch Furniture & Carpet Co. v. Lowenberg
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court.- — Hon. J. Hugo Grimm, Judge. An action of trover will not lie for money on deposit in bank. A depositor is not the owner of any specific money in the bank; he is simply a creditor of the bank. Money cannot be converted unless it is set apart in kind, such as money in boxes,-etc., so that the rights of the owner can attach specifically to the article.- Petit v. Bouju, 1 Mo. 64; Summers v. Spencer, 9 Fed.
Read the full summary
Appeal from St. Louis City Circuit Court.- — Hon. J. Hugo Grimm, Judge. An action of trover will not lie for money on deposit in bank. A depositor is not the owner of any specific money in the bank; he is simply a creditor of the bank. Money cannot be converted unless it is set apart in kind, such as money in boxes,-etc., so that the rights of the owner can attach specifically to the article.- Petit v. Bouju, 1 Mo. 64; Summers v. Spencer, 9 Fed. Rep. 581; Kerwin v. Balhatchett, 147 111. App. 561, 1. c. 565; Orton v. Butler, 5 Barnewall & Alderson, 652; Hazelton v. Locke, 104 Mo. 164, 71 Atl.…
1Opinion of the CourtNortoni, J.
This is a suit in trover as for conversion. Plaintiff recovered and defendant prosecutes the appeal. <
Plaintiff charges defendant with having converted $765 in money, the property of plaintiff, and the jury so found the fact to be. Plaintiff is an incorporated company and it appears defendant was one of its directors and its vice-president. As such vice-president defendant was both authorized and accustomed to handle plaintiff’s funds, deposit its money in the bank, and draw checks thereon, etc.
The evidence tends to prove that defendant drew a check in the amount of $765 on plaintiff’s bank…
2Cases cited4 opinions
- Kerwin v. BalhatchettAppellate Court of Illinois · 1909
- Hazelton v. LockeSupreme Judicial Court of Maine · 1908
- Petit v. BoujuSupreme Court of Missouri · 1821
- Simmons v. SpencerU.S. Circuit Court for the District of Colorado · 1881
3Cited by7 opinions
- Breece v. JettMissouri Court of Appeals · 1977
- Callahan v. Norton (In Re Norton)United States Bankruptcy Court, W.D. Missouri · 1982
- Dwyer v. Unit Power, Inc.Missouri Court of Appeals · 1998
- Anderson Electric Car Co. v. Savings Trust Co.Missouri Court of Appeals · 1919
- Atlas Security Services, Inc. v. Git-N-Go, Inc.Missouri Court of Appeals · 1987
2 more not listed; retrieve them via the Exa API.