Hornsby Munroe v. Knorpp
Missouri Court of Appeals
Appeal from the Circuit Court of the City of St. Louis.— Hon. J. Hugo Grimm, Judge. (1) Under the collateral agreement attached to the notes given by O. M. Munroe to the Broadway Bank, the defendants, as the successors and assigns of the Broadway Bank, had a perfect right to apply the proceeds, in excess of the amount due on said notes upon the other indebtedness of O. M. Munroe to said defendants. 31 Cyc, pages 822, 848-9; Belden v. Perkins, 78 111. 449; Jarvis v. Rogers,…
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Appeal from the Circuit Court of the City of St. Louis.— Hon. J. Hugo Grimm, Judge. (1) Under the collateral agreement attached to the notes given by O. M. Munroe to the Broadway Bank, the defendants, as the successors and assigns of the Broadway Bank, had a perfect right to apply the proceeds, in excess of the amount due on said notes upon the other indebtedness of O. M. Munroe to said defendants. 31 Cyc, pages 822, 848-9; Belden v. Perkins, 78 111. 449; Jarvis v. Rogers, 15 Mass. 389; Goss v. Emerson, 28 N. H. 38; Elliott on Contracts, par. 3045; Jones on Collateral Securities, sec. 605;…
1Opinion of the CourtAllen, P. J.
This is an action brought by the administrators of the estate of Otis M. Munroe, to recover for the alleged conversion by defendants of certain collateral pledged by Munroe to secure the payment of two promissory notes in the sum of $5000 each.
The petition, after alleging the death of Otis M. Munroe on April 9, 1915, and the appointment and qualification of plaintiffs as administrators of his estate, avers that at the time of Munroe’s death he was indebted to the Broadway Bank of St. Louis in the sum of $10,000 upon two promissory notes, each for the sum of $5000, one dated February 5, 1915,…
Also in this document: Concurrence.
2Cases cited10 opinions
- Gillet v. . Bank of AmericaNew York Court of Appeals · 1899
- Westlake & Button v. City of St. LouisSupreme Court of Missouri · 1882
- Dibert v. D'ArcySupreme Court of Missouri · 1913
- Deichmann v. DeichmannSupreme Court of Missouri · 1871
- Richardson v. AshbySupreme Court of Missouri · 1896
5 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Owens v. Automobile Recovery Bureau, Inc.Missouri Court of Appeals · 1976
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- Kegan v. Park BankSupreme Court of Missouri · 1928
- Stover Bank v. WelpmanSupreme Court of Missouri · 1929
- South St. Joseph Live Stock Exchange v. St. Joseph Stock Yards BankMissouri Court of Appeals · 1929
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