Carroll Exchange Bank v. First National Bank of Carrollton
Missouri Court of Appeals
Appeal from the Carroll Circuit Court. — Hon. J. M. Davis, Judge. (1) On these facts the question is to which party, appellant or respondent, "ex æquo et bono” the money belongs. This is an action for money had and received —there is no question of innocent purchaser involved. It is not an action to recover the hogs or for their conversion, but to recover money wrongfully received by defendant, after notice of plaintiff’s claim.
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Appeal from the Carroll Circuit Court. — Hon. J. M. Davis, Judge. (1) On these facts the question is to which party, appellant or respondent, "ex æquo et bono” the money belongs. This is an action for money had and received —there is no question of innocent purchaser involved. It is not an action to recover the hogs or for their conversion, but to recover money wrongfully received by defendant, after notice of plaintiff’s claim. There is no similarity between the case at bar and the case of Kollock v. Emmert & Co., 43 Mo. App. 566. The contract was good between the vendor and vendee, and it…
1Opinion of the CourtGill, J.
— These litigants are two banking corporations at Carrollton, Missouri. The Exchange Bank sued the defendant National Bank for the recovery of $867.73, alleged to have been received by said defendant, and which was the property of the plaintiff. The petition, in substance, alleges: That on January 12, 1891, one W. E. Tuley purchased several bunches of hogs, and at that date had the same at the stock pens at Carrollton ready for shipment to Kansas City. Tuley gave his checks on the plaintiff bank for payment of these hogs. Having no funds to his credit in the bank, he agreed with its officers…
2Cases cited3 opinions
- Johnson v. JeffriesSupreme Court of Missouri · 1860
- Kollock v. J. P. Emmert & Co.Missouri Court of Appeals · 1891
- Simms v. LawrenceSupreme Court of Missouri · 1846
3Cited by6 opinions
- Carroll Exchange Bank v. First National BankMissouri Court of Appeals · 1894
- Elliott v. WashingtonMissouri Court of Appeals · 1909
- J. H. North Furniture & Carpet Co. v. DavisMissouri Court of Appeals · 1898
- McFarlan Carriage Co. v. WellsMissouri Court of Appeals · 1903
- Johnson v. HutchinsonMissouri Court of Appeals · 1899
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