Stoller v. Coates
Supreme Court of Missouri
Appeal from Jackson Circuit Qourt. — Hon. Turner A. Gill, Judge. (1) The relation between the plaintiffs and the Mas-tin Bank was not a trust, but one of debtor and creditor., (2) The money sought to be recovered in this action was first deposited with other money, by Stoller & Hill, to their credit. A check was then drawn for the purpose of placing in the Exchange Bank of Denver, for Earnest, the net proceeds of his cattle.
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Appeal from Jackson Circuit Qourt. — Hon. Turner A. Gill, Judge. (1) The relation between the plaintiffs and the Mas-tin Bank was not a trust, but one of debtor and creditor., (2) The money sought to be recovered in this action was first deposited with other money, by Stoller & Hill, to their credit. A check was then drawn for the purpose of placing in the Exchange Bank of Denver, for Earnest, the net proceeds of his cattle. Whatever may have been then said, it is certain that the money, as a matter of fact, remained in the Mastin Bank to the credit of the Exchange Bank, and while thus…
1Opinion of the Court
Martin, C.
This is a suit in equity to compel the defendant to pay over to plaintiffs the sum of $3,757.67 in full, that being the amount of a fund received by the Mastin Bank in trust for plaintiffs before its failure, and not vesting in the defendant, as assignee, for general creditors.
*517In July, 1878, one F. P. Earnest, of .Colorado, consigned to plaintiffs, under the firm name of Stoller & Hill, of Kansas City, ten car loads of cattle, for the purpose of being sold for his account. Stoller & Hill were requested, by instructions accompanying the consignment, to deposit the proceeds of sale in…
2Cases cited3 opinions
- Harrison v. SmithSupreme Court of Missouri · 1884
- Valentine v. DeckerSupreme Court of Missouri · 1869
- Hatcher v. WintersSupreme Court of Missouri · 1879
3Cited by58 opinions
- Continental National Bank v. WeemsTexas Supreme Court · 1888
- Paul v. DraperSupreme Court of Missouri · 1900
- Myers v. Board of EducationSupreme Court of Kansas · 1893
- Johnson-Brinkman Commission Co. v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1895
- Capital National Bank v. Coldwater National BankNebraska Supreme Court · 1896
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