Clark v. National Bank
Supreme Court of Missouri
Appeal from St. Louis Circuit Court. I. It appears in evidence, in this case, that the 'money deposited by plaintiff was the proceeds of real estate belonging to her. H. The amount in suit the bank claims to have paid to her husband on checks signed by him “ Sarah P. Clark, by L. P. C. Clark.” But the husband, by the very act of checking it out, recognized it to be her money by signing his name as her agent.
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Appeal from St. Louis Circuit Court. I. It appears in evidence, in this case, that the 'money deposited by plaintiff was the proceeds of real estate belonging to her. H. The amount in suit the bank claims to have paid to her husband on checks signed by him “ Sarah P. Clark, by L. P. C. Clark.” But the husband, by the very act of checking it out, recognized it to be her money by signing his name as her agent. No attempt is made to show that he was her agent for any such purpose. It is in evidence that he was not. III. It is submitted that a fair construction of 'section 14, chapter 115, Gen.…
1Opinion of the CourtCurrier, Judge
It appears from the record in this cause that deposits were made with the defendant in 1867-8 in the name of the plaintiff, who was then a married woman. Of these deposits Mrs. Clark withdrew all but about $600 on her own checks, and her husband drew the balance. Since these transactions Mrs. Clark has been divorced from her husband, and this suit is brought to recover from the bank the amount paid him. It does not seem to be questioned that at common law the plaintiff’s husband was clothed with authority, in virtue of his marital rights, to collect debts owing to his wife, and to reduce to…
2Cases cited2 opinions
- Pawley v. VogelSupreme Court of Missouri · 1868
- Boyce's Administrator v. CayceSupreme Court of Missouri · 1852
3Cited by10 opinions
- Flesh v. LindsaySupreme Court of Missouri · 1893
- Mueller v. KaessmannSupreme Court of Missouri · 1884
- Hord v. TaubmanSupreme Court of Missouri · 1883
- Goff v. RobertsSupreme Court of Missouri · 1880
- Bangert v. BangertMissouri Court of Appeals · 1883
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