Harris Banking Co. v. Miller
Supreme Court of Missouri
Appeal from Putnam Circuit Court. — Hon. P. G. Stepp, Judge. (1) This is an equitable proceeding. Miller v. Ins. Co., 68 Mo. App. 19. (2) The court erred in its conclusions of law. Neither the indorsement of the certificate nor any other fact in evidence warranted the conclusion that Burlinggame held it in trust for Mrs. Miller, or that said deposit belonged to Mrs. Miller or was held in trust for her by said bank or said Burlinggame.
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Appeal from Putnam Circuit Court. — Hon. P. G. Stepp, Judge. (1) This is an equitable proceeding. Miller v. Ins. Co., 68 Mo. App. 19. (2) The court erred in its conclusions of law. Neither the indorsement of the certificate nor any other fact in evidence warranted the conclusion that Burlinggame held it in trust for Mrs. Miller, or that said deposit belonged to Mrs. Miller or was held in trust for her by said bank or said Burlinggame. If Burlinggame showed said certificate to her and told her it was hers or would be hers at his death, but that he would retain it to collect the interest while…
1Opinion of the CourtGantt, J.
On July 25, 1901, Giles Burlinggame of Putnam county, Missouri, died testate, at said county, and on July ———, 1901, his will was duly probated, and letters testamentary were issued to tbe defendants William Johnson and James E. Davis, who were duly qualified and are acting as such executors of said estate.
On August 26,1902, Tbe Harris Banking Company filed its petition in tbe circuit court of Putnam county, stating that it was and still is a banking corporation with its banking bouse in tbe town of Harris, Sullivan county, Missouri; that for several years prior to bis death, said Burlinggame…
2Cases cited20 opinions
- Young v. . YoungNew York Court of Appeals · 1880
- In re Estate of SoulardSupreme Court of Missouri · 1897
- Davis v. NeyMassachusetts Supreme Judicial Court · 1878
- Tomlinson v. EllisonSupreme Court of Missouri · 1891
- McCord's Administrator v. McCordSupreme Court of Missouri · 1882
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3Cited by56 opinions
- Atlantic National Bank v. St. Louis Union Trust Co.Supreme Court of Missouri · 1948
- Clark v. BridgesSupreme Court of Georgia · 1927
- Jenkins v. MeyerSupreme Court of Missouri · 1964
- Orr v. St. Louis Union Trust Co.Supreme Court of Missouri · 1922
- Melvin v. HoffmanSupreme Court of Missouri · 1921
51 more not listed; retrieve them via the Exa API.