State ex rel. Bank of Missouri v. Hawkins
Supreme Court of Missouri
Error to Marion Circuit Court. This was an action against Benjamin M. Hawkins and his sureties on his official bond. The breach assigned was the making of a false return of a writ of execution. The cause was tried by the court without a jury.
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Error to Marion Circuit Court. This was an action against Benjamin M. Hawkins and his sureties on his official bond. The breach assigned was the making of a false return of a writ of execution. The cause was tried by the court without a jury. The facts as they appeared in evidence are substantially as follows: On the 3d of February, 1855, by a resolution of the board of directors of the Branch of the Bank of the State of Missouri at Palmyra, Thomas L. Anderson was declared duly elected attorney for the bank “ for two years next ensuing.” Anderson was to receive the same compensation as that…
1Opinion of the CourtSoott, Judge
Under the contract with the bank for the collection of her debts, we are of the opinion that Anderson was entitled to his commission for collecting the judgment in the suit which has given rise to this controversy. As he had performed all that was necessary to receive the money, he was, under the contract, entitled to his fee, and the bank could not, by refusing to reappoint him to the office he held, deprive him of it. Anderson held a double relation to the bank — one growing out of his appointment as her attorney, and the other arising from the contract in relation to the collection of her *372d…
2Cited by6 opinions
- Bonnifield v. ThorpDistrict Court, D. Alaska · 1896
- Roberts v. NelsonMissouri Court of Appeals · 1886
- Gordon v. City of OmahaNebraska Supreme Court · 1906
- Choctaw, O. G. R. Co. v. BurgessSupreme Court of Oklahoma · 1908
- Milliken v. McBroomSupreme Court of Missouri · 1866
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