Boyer v. Hamilton
Missouri Court of Appeals
Error to the St. Louis Circuit Court, Shepard Barclay, Judge; The actual delivery of the account to the plaintiff, coupled with the allegation that the payment was for that and the bill, is an essential element of the assignment.
Read the full summary
Error to the St. Louis Circuit Court, Shepard Barclay, Judge; The actual delivery of the account to the plaintiff, coupled with the allegation that the payment was for that and the bill, is an essential element of the assignment. Ford v. Angelrodt, 37 Mo. 50. Anything that shows an intention on the one side to make a present irrevocable transfer of the fund, and from which an assent to receive it may be inferred on the other, will operate in equity as an assignment if supported by a sufficient consideration. Kimball v. Donald, 20 Mo. 577; The Bank of Commerce ». Bogy, 44 Mo. 13. The averment…
1Opinion of the CourtRombauer, J.
Considerable confusion has arisen in this cause, owing to a misconception by the parties litigant, and by the trial court, of the proper modes of - procedure, in actions presenting the features of the present action.
The facts succinctly stated are these: Defendant Hamilton, a merchant dealing in his own name (although, as it would appear, associated with Howard and Kreiter), had the exact amount of $657.42 standing to his "credit in the hands of defendants Melton & Claphamson, as the proceeds of certain sales, for which an account had been stated between him and them. He thereupon drew his…
2Cases cited7 opinions
- Dickinson v. CoatesSupreme Court of Missouri · 1883
- Kimball v. DonaldSupreme Court of Missouri · 1855
- Bank of Commerce v. BogySupreme Court of Missouri · 1869
- Hathaway v. FoySupreme Court of Missouri · 1867
- Smith v. SterrittSupreme Court of Missouri · 1857
2 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Goodrich v. WilliamsonSupreme Court of Oklahoma · 1899
- State ex rel. Kendrick v. HudsonMissouri Court of Appeals · 1901
- McEwen v. Sterling State BankMissouri Court of Appeals · 1928
- Wheless v. Meyer-Schmid Grocer Co.Missouri Court of Appeals · 1909
- Browning v. RandolMissouri Court of Appeals · 1897
7 more not listed; retrieve them via the Exa API.