Graham v. United States Savings Institution
Supreme Court of Missouri
Appeal from St. Louis Circuit Court. The checks were not payment, and Dixon had not complied with his duty as collector until ho had got the money. (Ward v. Smith, 8 Am. Law Reg. 69, 70; Sherer v. Green, 3 Cal. 419 ; Keney v. Hazeltine, 6 Humph. 62 ; Cooney v. Wade, 4 Humph. 444.) His authority carried and included, as an incident, all the ^powers which were necessary and proper, or usual, as means to effectuate the purpose for which it was created.
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Appeal from St. Louis Circuit Court. The checks were not payment, and Dixon had not complied with his duty as collector until ho had got the money. (Ward v. Smith, 8 Am. Law Reg. 69, 70; Sherer v. Green, 3 Cal. 419 ; Keney v. Hazeltine, 6 Humph. 62 ; Cooney v. Wade, 4 Humph. 444.) His authority carried and included, as an incident, all the ^powers which were necessary and proper, or usual, as means to effectuate the purpose for which it was created. (Sto. on Agency, §§ 97, 102; id., § 451; Haskins v. Johnson, 5 Sneed, 469; Woodford v. McOlanahan, 4 Gilrn., Ill., 90; Pres., etc., y. Comen, 37…
1Opinion of the CourtCuuRiER, Judge
This suit is brought to recover the amount of two checks which were drawn on the defendant by third parties in favor of the plaintiffs and made payable to their order. The drawers delivered the checks to the plaintiffs’ collecting agent, one Dixon, in settlement of certain bills which the latter had in charge for collection, being bills due from thp drayrer of the checks to the plaintiffs. Dixon indorsed the jdefchaant-’s firm name upon the checks and presented them at the bank and drew the money upon them, which he seems to have appropriated to his own use, without rendering any account…
2Cited by16 opinions
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- Robinson v. . Chemical National BankNew York Court of Appeals · 1881
- A. Blum Jr.'s Sons v. WhippleMassachusetts Supreme Judicial Court · 1907
- Kansas City Casualty Co. v. Westport Avenue BankMissouri Court of Appeals · 1915
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