Rhinehart v. New Madrid Banking Co.
Missouri Court of Appeals
Appeal from New Madrid Circuit Court. — How. H. C. Riley, Judge. . STATEMENT. The facts in this case, briefly stated, are that Robert Rutledge, an attorney at law, prosecuted a suit for the plaintiff and recovered a judgment in her favor for $2,142.32, which amount he collected and deposited in the defendant bank to his individual credit. After-wards he gave a check to plaintiff against the deposit for $1,792.35, which plaintiff presented to the bank and had cashed.
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Appeal from New Madrid Circuit Court. — How. H. C. Riley, Judge. . STATEMENT. The facts in this case, briefly stated, are that Robert Rutledge, an attorney at law, prosecuted a suit for the plaintiff and recovered a judgment in her favor for $2,142.32, which amount he collected and deposited in the defendant bank to his individual credit. After-wards he gave a check to plaintiff against the deposit for $1,792.35, which plaintiff presented to the bank and had cashed. At the time she cashed the check' she notified the cashier that there were yet $117 of the money deposited by Rutledge due to…
1Opinion of the CourtBland, P. J.
An attorney of record who prosecutes a suit to judgment for his client has authority to receive the money due. on the judgment. Acock’s Admr. v. McBroom, 38 Mo. 342; Carroll County v. Cheatham et al., 48 Mo. 385. The depositing of the money by Rutledge in the bank created the relation of debtor and creditor between him and the bank (Paul v. Draper, 73 Mo. App. 566), and it was no concern of the bank’s that Rutledge had collected the money as attorney to plaintiff. His trust relation to the plaintiff did not pass over to, nor charge the bank as trustee of the plaintiff in respect to the money…
2Cases cited3 opinions
- Paul v. DraperMissouri Court of Appeals · 1898
- Carroll County v. CheathamSupreme Court of Missouri · 1871
- Milliken v. McBroomSupreme Court of Missouri · 1866
3Cited by3 opinions
- William R. Compton Co. v. Farmers Trust Co.Missouri Court of Appeals · 1925
- Havana Central Railroad v. Knickerbocker Trust Co.Appellate Division of the Supreme Court of the State of New York · 1909
- Niagara Woolen Co. v. Pacific BankAppellate Division of the Supreme Court of the State of New York · 1910