Stone v. St. Louis Union Trust Co.
Missouri Court of Appeals
Appeal from St. Louis City Circuit .Court.—Hon. Hugo Muench, Judge. (1)The plaintiff has failed to amend his petition to meet the suggestion of this court on the former appeal. Stone v. Union Trust Co., 150 Mo. App. 331. (2) The defense that the deposit and account in question bore no interest is sustained under the pleadings and the proof.
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Appeal from St. Louis City Circuit .Court.—Hon. Hugo Muench, Judge. (1)The plaintiff has failed to amend his petition to meet the suggestion of this court on the former appeal. Stone v. Union Trust Co., 150 Mo. App. 331. (2) The defense that the deposit and account in question bore no interest is sustained under the pleadings and the proof. State ex inf. v. Trust Co., 144 Mo. 562. (3) Where plaintiff is required by the terms of a prior contract with defendant to place his deposit with defendant, the placing of such deposit with defendant cannot be consideration for another and different…
1Opinion of the CourtAllen, J.
This is an action by plaintiff as receiver of the Mullanphy Savings Bank to recover interest claimed to be due from defendant trust company upon funds kept on deposit with the latter by plaintiff, as such receiver, during a period of years. This is the second appearance of the case in this court, the opinion on the former appeal being reported in 150 Mo. App. 331, 130 S. W. ■825. The suit was instituted in the circuit court of the city of St. Louis on September 15, 1906. The first trial resulted in a judgment for plaintiff. On appeal to this court the judgment was reversed and the cause…
2Cases cited8 opinions
- Chicago Deposit Vault Co. v. McNultaSupreme Court of the United States · 1894
- Kenneth Investment Co. v. National BankMissouri Court of Appeals · 1902
- State ex informatione Crow v. Lincoln Trust Co.Supreme Court of Missouri · 1898
- McKeen v. Boatmen's BankMissouri Court of Appeals · 1898
- Thomas v. SaundersCourt of Appeals of Texas · 1912
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3Cited by5 opinions
- Wheelock v. CantleyMissouri Court of Appeals · 1932
- Wilson's EstateSupreme Court of Pennsylvania · 1916
- Progress Press Brick & MacHine Co. v. SpragueMissouri Court of Appeals · 1933
- Miller Franklin & Co. v. GentryMissouri Court of Appeals · 1935
- Harris v. StewartMissouri Court of Appeals · 1917