Martin v. First National Bank in St. Louis

Action to recover the amounts evidenced by three checks drawn on and payable to defendant bank. It is charged that the checks were paid and charged against plaintiffs' account and the proceeds thereof disposed of without plaintiffs' authority or consent. Verdict and judgment were for plaintiffs for $8084.88 (including interest) and defendant has appealed. Error is assigned on the giving and refusal of instructions and the exclusion of evidence.

Plaintiffs are co-trustees of an express trust and, since March 31, 1932, have constituted the Bondholders' Protective Committee representing the…