Commerce Trust v. Farmers' Exch. Bk. of Gallatin

This case was tried in the Circuit Court of Daviess County and from a judgment against it the plaintiff appealed to the Kansas City Court of Appeals. That court, in an opinion reported in 52 S.W.2d 406, held that the judgment should be reversed and the cause remanded with directions to the trial court to allow plaintiff's claim as a preferred one but, deeming its decision in conflict with that of the St. Louis Court of Appeals in Bowersock Mills Power Co. v. Citizens' Trust Co., 298 S.W. 1049, certified the cause to this court for determination. We adopt the following statement of facts made…