Midland National Bank of Kansas City v. Brightwell
Supreme Court of Missouri
Appeal from Saline Oircuit Gourt. — HoN. Eichaed Eield, Judge. (1) Under tbe facts stated in the agreed statement of facts, tlie lower court erred in holding that the plaintiff was entitled to a preference over the general creditors of the Slater Savings Bajik in. tbe funds in tbe bands of tbe as-signee. Tbe relation existing between tbe plaintiff bank and tbe Slater Savings Bank was simply that of debtor and creditor.
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Appeal from Saline Oircuit Gourt. — HoN. Eichaed Eield, Judge. (1) Under tbe facts stated in the agreed statement of facts, tlie lower court erred in holding that the plaintiff was entitled to a preference over the general creditors of the Slater Savings Bajik in. tbe funds in tbe bands of tbe as-signee. Tbe relation existing between tbe plaintiff bank and tbe Slater Savings Bank was simply that of debtor and creditor. Tbe direction of tbe plaintiff bank to tbe Slater Savings Bank to remit by check on another bank shows clearly that tbe intention of tbe parties was not to create tbe relation…
1Opinion of the CourtGantt, P. J.
This cause was heard and decided by the circuit court of Saline county, on the following agreed statement of facts:
“It is hereby stipulated and agreed by and between the parties hereto that the facts in this case are as follows, and that this agreed statement may be read as evidence in this case.
“It is admitted that from and after the 12th day of December, 1894, and for some time prior thereto, the Midland National Bank was and is now a banking corporation duly organized under the laws of the United States with reference *363to national banks, and doing a general banking business at Kansas City,…
2Cases cited5 opinions
- The People v. . the City Bank of RochesterNew York Court of Appeals · 1884
- Libby v. HopkinsSupreme Court of the United States · 1881
- Harrison v. SmithSupreme Court of Missouri · 1884
- Stoller v. CoatesSupreme Court of Missouri · 1885
- Levi v. National Bank of MissouriU.S. Circuit Court for the District of Eastern Missouri · 1878
3Cited by36 opinions
- Leeb v. Guy (In Re Guy)United States Bankruptcy Court, N.D. Indiana · 1988
- Bank of Poplar Bluff v. MillspaughSupreme Court of Missouri · 1926
- Citizens Bank v. Bradley, ExaminerSupreme Court of South Carolina · 1926
- Huntsville Trust Co. Ex Rel. Cantley v. NoelSupreme Court of Missouri · 1928
- Federal Reserve Bank v. MillspaughSupreme Court of Missouri · 1926
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