Legal Opinion

Schnellmann v. Southern Commercial & Savings Bank

Missouri Court of Appeals

Decided February 19, 1907PublishedCited by 1 opinion

Appeal from St. Louis City Circuit Court. — Eon. William M. Kinsey, Judge. (1) A fund deposited in joint names of husband and wife is, prima facie, the joint property of both in equal shares. State ex rel. y. Brady, 53 Mo. App. 202; Armstrong y. Johnson, 93 Mo. App. 492. • (2) Even if the business belonged to the wife, permission of the wife for the husband to conduct it as his own, as between a creditor and the wife, estops her from claiming the same as her own. Leete y.

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Appeal from St. Louis City Circuit Court. — Eon. William M. Kinsey, Judge. (1) A fund deposited in joint names of husband and wife is, prima facie, the joint property of both in equal shares. State ex rel. y. Brady, 53 Mo. App. 202; Armstrong y. Johnson, 93 Mo. App. 492. • (2) Even if the business belonged to the wife, permission of the wife for the husband to conduct it as his own, as between a creditor and the wife, estops her from claiming the same as her own. Leete y. Bank, 115 Mo. 204. (1) The fund deposited in bank, although prima facie the joint property of appellee and defendant,…

1Opinion of the CourtBland, P. J.

On March 8, 1897, in the circuit court of the city of St. Louis, plaintiff recovered a decree of divorce against her husband, Alois Schnellmann, and an allowance of six hundred dollars alimony in gross. On August 24, 1905, an execution was issued on the judgment for alimony, and the defendant, the Southern Commercial Sawings Bank, was summoned as garnishee. The bank, by its answer, confessed that it had on deposit the sum of one hundred and eighty dollars and ninety cents to the joint credit of Alois and Mary Schnellmann, subject to be drawn upon by checks signed by either of them, and that…

2Cited by1 opinion

  1. Nieman v. First National Bank of JoplinMissouri Court of Appeals · 1967

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