Moore v. First National Bank
Missouri Court of Appeals
Appeal from Jackson Circuit Court. — Hon. Herman Brumbach, Judge. (1) The petition states no case: It does not charge that the money paid to the defendant was trust funds belonging to the estate of which plaintiff is receiver.
Read the full summary
Appeal from Jackson Circuit Court. — Hon. Herman Brumbach, Judge. (1) The petition states no case: It does not charge that the money paid to the defendant was trust funds belonging to the estate of which plaintiff is receiver. It merely states the payment of the money by the checks .“'wrongfully” and “that the defendant was not and is not legally entitled to said sums of money and'that the same belongs to the plaintiff herein as receiver as aforesaid;” which allegations are mere averments of conclusions and do not state any facts which would show that the funds passed by the checks were trust…
1Opinion of the CourtBroabbus, P. J.
This is an action for money had and received.
The conceded facts are that, in the year 1905, J. B. White under appointment by the court was acting receiver of a millinery corporation doing business un*519tier the name of the Winning-Blair Millinery Company, and. that he continued as such until. February 26, 1906, when he was removed and the plaintiff appointed in his place; that during the time said White was such receiver he deposited in defendant bank certain funds to his credit as such receiver; that during the year 1905 he delivered to the defendant three checks upon said fund aggregating…
2Cases cited5 opinions
- Harrison v. SmithSupreme Court of Missouri · 1884
- First National Bank v. City National BankMissouri Court of Appeals · 1903
- Eyerman v. Second National BankMissouri Court of Appeals · 1883
- Eyerman v. Second National BankSupreme Court of Missouri · 1884
- Mayer v. Citizens BankMissouri Court of Appeals · 1900
3Cited by8 opinions
- Spencer v. PettitCourt of Appeals of Texas · 1929
- Andrews v. BrownTexas Commission of Appeals · 1928
- McHenry v. BrownSupreme Court of Missouri · 1965
- Samuel Haas Trimmed Hat Co. v. Service Ass'nMissouri Court of Appeals · 1927
- Sanders v. DunnCourt of Appeals of Texas · 1913
3 more not listed; retrieve them via the Exa API.