Reynolds v. Union Station Bank
Missouri Court of Appeals
Appeal from the Circuit Court of the City of St. Louis. —Hon. William M. Kinsey, Judge. (1) The Union Station Bank having accepted the check of the Continental Assurance Company in payment of a note which it sold and endorsed to Harry B. (Gardner, the officer drawing the check, took the money of the Assurance Company with knowledge of the fact that it. was not Harry B. Gardner’s and in this action for money had and received must account for its proceeds.
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Appeal from the Circuit Court of the City of St. Louis. —Hon. William M. Kinsey, Judge. (1) The Union Station Bank having accepted the check of the Continental Assurance Company in payment of a note which it sold and endorsed to Harry B. (Gardner, the officer drawing the check, took the money of the Assurance Company with knowledge of the fact that it. was not Harry B. Gardner’s and in this action for money had and received must account for its proceeds. St. Louis Charcoal Co. v. Lewis, 154 Mo. App. 548; Coleman v. Stocke, 159 Mo. App. 43; Bank v. Edwards, 243 Mo. 569; Bank v. Orthwein, 160…
1Opinion of the CourtBecker, J.
This is a suit by the receiver of the Continental Assurance Company of America to recover a payment of $1000. alleged to have been made to the *328defendant from the funds of the company. The petition is in the regular form, for money had and received. The answer is a general denial, and second, further, that the plaintiff is estopped from prosecuting his action against this defendant by having, with full knowledge of all the facts and circumstances attendant upon the transaction referred to in the petition of plaintiff, instituted suit in the circuit court of the city of St. Louis for the…
2Cases cited9 opinions
- St. Charles Savings Bank v. EdwardsSupreme Court of Missouri · 1912
- National Bank v. City BankSupreme Court of the United States · 1881
- St. Louis Charcoal Co. v. LewisMissouri Court of Appeals · 1911
- State Bank v. Cape Girardeau & Chester RailroadMissouri Court of Appeals · 1913
- Ellerbe v. National Exchange BankSupreme Court of Missouri · 1891
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3Cited by6 opinions
- Mann v. Bank of GreenfieldSupreme Court of Missouri · 1929
- Federal Deposit Ins. Corp. v. RectenwallDistrict Court, N.D. Indiana · 1951
- Massachusetts Bonding & Insurance v. Ripley County BankMissouri Court of Appeals · 1921
- Republic Nat. Bank of Dallas v. Maryland Casualty Co.Court of Appeals of Texas · 1944
- Skinner v. DavisSupreme Court of Missouri · 1926
1 more not listed; retrieve them via the Exa API.