Keyes v. Bank of Hardin
Missouri Court of Appeals
Appeal from the Bay Circuit Court. — Hon. James M. Sandusky, Judge. This is an action commenced in the circuit court of Ray county, Missouri, on the fourth day of December, 1890, by Sallie C. Keyes and Thomas H. Keyes, her husband, against the Bank of Hardin, a corporation, to recover damages caused by the carelessness and negligence of defendant in delivering a certain promissory note to one James King, which plaintiffs had left with the bank, as plaintiffs allege, for…
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Appeal from the Bay Circuit Court. — Hon. James M. Sandusky, Judge. This is an action commenced in the circuit court of Ray county, Missouri, on the fourth day of December, 1890, by Sallie C. Keyes and Thomas H. Keyes, her husband, against the Bank of Hardin, a corporation, to recover damages caused by the carelessness and negligence of defendant in delivering a certain promissory note to one James King, which plaintiffs had left with the bank, as plaintiffs allege, for collection ; but, as defendant contends, in the nature of a special deposit, by reason of which the plaintiffs lost the…
1Opinion of the CourtGill, J.
— From the foregoing statement it will be noticed that the controversy on the facts is about this:' Plaintiff claims that her husband, acting for her, left the Dorsey note with the bank for collection, and with the understanding that when collected the $350 should be paid over to her, and the $48 to be paid to King. "While defendant contends, -that the note was received (as a kind of special deposit) from King, and not from the plaintiff, and that King all the time controlled the paper, and, hence, a surrender thereof to him was entirely proper.
On these two theories of fact the trial court,…
2Cited by3 opinions
- First National Bank v. BakkenNorth Dakota Supreme Court · 1908
- Hanson v. HeardSupreme Court of New Hampshire · 1897
- Freet v. Kansas City, St. Joseph & Council Bluffs RailroadMissouri Court of Appeals · 1895