Padgett v. Bank of Mountain View
Missouri Court of Appeals
Appeal from Howell Circuit Court. — Hon. W. N. Evans, Judge. (1) A mere power uncoupled with an interest dies with the grantor; and the interest that will cause the power to survive the death of the grantor must be an interest or title in the thing, which interest or title is conveyed with the power, and not left to he conveyed afterwards with the exercise of the power. Hunt v. Rousmanier, 8 Wheat.
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Appeal from Howell Circuit Court. — Hon. W. N. Evans, Judge. (1) A mere power uncoupled with an interest dies with the grantor; and the interest that will cause the power to survive the death of the grantor must be an interest or title in the thing, which interest or title is conveyed with the power, and not left to he conveyed afterwards with the exercise of the power. Hunt v. Rousmanier, 8 Wheat. (21 U. S.) 174; Gardner v. Bank, 10 L. R. A. 45. (2) Where a bank applies deposits for other purposes than those designated in the contract, it becomes guilty of wrongful conversion. 4 Lawson…
1Opinion of the CourtCox, J.
As to the question of conversion of the notes upon which plaintiff sought to go to the jury under the fourth count of its petition, it is sufficient to say that in that count of his petition he does not allege a. conversion, but charges fraud, and having done so, must be held to stand upon that proposition, and the court did not err in submitting the issues under that count of the petition upon the question of fraud. There is, however, an allegation in this count that the defendant bank received from Yaughn, after the death of Padgett, $50 and that the bank credited this money upon a note…
2Cases cited2 opinions
- Knecht v. United States Savings InstitutionMissouri Court of Appeals · 1876
- Union Bank v. TuttMissouri Court of Appeals · 1878
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- Hampton Roads Fire & Marine Insurance v. Coburn Motor Car Co.Supreme Court of Virginia · 1932
- Eastin v. Bank of HarrisonvilleMissouri Court of Appeals · 1923
- Fain v. Security State Bank & Trust Co.Court of Appeals of Texas · 1920
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