Butcher v. Butler
Missouri Court of Appeals
Appeal from Bates Circuit Court. — Eon. Chas. A. Den-ton, Judge. (1) The deposit on June 25, 1906, was a general deposit, and thereby the relationship of debtor and creditor became established between the Bates National Bank and B. T. Becker. Paul v. Draper, 158 Mo. 200; Kava-naugh v. Burk, 59 Mo. App. 1. c. 547; Bank v. Roll, 60 Mo. App. 585. (2) The deposit was not a bailment.
Read the full summary
Appeal from Bates Circuit Court. — Eon. Chas. A. Den-ton, Judge. (1) The deposit on June 25, 1906, was a general deposit, and thereby the relationship of debtor and creditor became established between the Bates National Bank and B. T. Becker. Paul v. Draper, 158 Mo. 200; Kava-naugh v. Burk, 59 Mo. App. 1. c. 547; Bank v. Roll, 60 Mo. App. 585. (2) The deposit was not a bailment. There was further no agreement for the keeping of the funds separate, nor any agreement to return the specific check or funds deposited, and the bank rightfully mingled thé proceeds with its own. Ency. Words and…
1Opinion of the CourtJohnson, J.
Action in equity to obtain a preference over the general creditors of the insolvent estate of the Bates National Bank. Plaintiff prevailed in the trial court and the cause is here on the appeal of defendants.
June 25, 1906, L. C. Martin and plaintiff B. T. Becker of Nevada, Missouri, entered into a written contract with plaintiff William Butcher of Mound City, Kansas, by the terms of which Butcher was to drill a certain well for Martin and Becker near Butler, Missouri. To secure the payment to Butcher of the agreed consideration for his performance of the contract, it was agreed in that…
2Cases cited1 opinion
- Paul v. DraperSupreme Court of Missouri · 1900
3Cited by28 opinions
- Keyes v. Paducah & IR Co.Court of Appeals for the Sixth Circuit · 1932
- Leuzinger v. Merrill Lynch, Pierce, Fenner & Smith, Inc.Supreme Court of Missouri · 1965
- Gray v. ElliottWyoming Supreme Court · 1927
- People v. California Safe Deposit & Trust Co.California Court of Appeal · 1913
- Franklin Savings & Trust Co. v. ClarkSupreme Court of Pennsylvania · 1925
23 more not listed; retrieve them via the Exa API.