St. Louis Union Society v. Mitchell
Missouri Court of Appeals
Appeal from the St. Louis Circuit Court, Dahiel Dill oft, Judge. There is no evidence that the one thousand dollars paid by Mitchell was stolen money. McDermott v. Railroad, 73 Mo. 516. If it were, its payment by Mitchell, and receipt by the plaintiff, discharged the bond pro tanto, notwithstanding the money was, .afterward, refunded to the person who claims to have been robbed of it. Miller v. Race, 1 Burr. 452 ; s. c., with, notes, 1 Smith’s Leading Cas. [5 and 8 Am.
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Appeal from the St. Louis Circuit Court, Dahiel Dill oft, Judge. There is no evidence that the one thousand dollars paid by Mitchell was stolen money. McDermott v. Railroad, 73 Mo. 516. If it were, its payment by Mitchell, and receipt by the plaintiff, discharged the bond pro tanto, notwithstanding the money was, .afterward, refunded to the person who claims to have been robbed of it. Miller v. Race, 1 Burr. 452 ; s. c., with, notes, 1 Smith’s Leading Cas. [5 and 8 Am. Ed.] •808, 854 ; Ringling v. Eohn, 4 Mo. App. 59 ; Tyrrel v. Railroad, 7 Mo. App. 298; Murray v. Lardner, 2 Wall. 21; Peacock…
1Opinion of the CourtBombaueR, J.
The appellants are sureties upon the official bond of *208the defendant, Mitchell, who was the treasurer of the plaintiff corporation, and are sued for breaches of the bond, in his failure to pay out the funds of the corporation as directed by its governing body, and in the conversion of such funds to his own use.
The petition alleges that Mitchell was elected treasurer of the corporation December 8, 1884, for a term of office, commencing on, or about, January 1, 1885, and continuing until his successor, in said office, should be elected and qualified by giving bond; that he executed the bond sued…
2Cases cited10 opinions
- City Council v. HughesSupreme Court of Alabama · 1880
- State ex rel. Jackson Township v. BergIndiana Supreme Court · 1875
- Placer County v. DickersonCalifornia Supreme Court · 1872
- County of Wapello v. BighamSupreme Court of Iowa · 1859
- Thompson v. StateMississippi Supreme Court · 1859
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3Cited by2 opinions
- Mayer v. Citizens BankMissouri Court of Appeals · 1900
- Board of Ed., City of Alva v. FulkersonSupreme Court of Oklahoma · 1919