Johnson v. St. Joseph Stock Yards Bank
Missouri Court of Appeals
Appeal from Buchanan Circuit Court. — Ho». A. M. Woodson, Judge. (1) Where trust funds are placed in the hands of a party, they can not be surrendered by him without the consent of the party or parties placing it there, and if he does, he is guilty of conversion. Seehorn v. Bank, 148 Mo. 256. (2) Where bailor is entitled to a portion of the deposit, he may recover for conversion in damages to the extent of his part of the deposit. Keyes v. Bank, 52 Mo.
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Appeal from Buchanan Circuit Court. — Ho». A. M. Woodson, Judge. (1) Where trust funds are placed in the hands of a party, they can not be surrendered by him without the consent of the party or parties placing it there, and if he does, he is guilty of conversion. Seehorn v. Bank, 148 Mo. 256. (2) Where bailor is entitled to a portion of the deposit, he may recover for conversion in damages to the extent of his part of the deposit. Keyes v. Bank, 52 Mo. App. 323. (3) An equitable defense may be set up in an action for trover, but must be specially pleaded. The court erred in holding that…
1Opinion of the CourtSmith, P. J.
In October, 1901, the plaintiff and one F. M. Ownbey entered into a written contract by which the former “conveyed” to the latter sixty-eight head of cattle to be cared for and kept by such latter for five years. . The contract provided that the increase was to be equally divided when two years old; that the cows should remain with the herd; that at the expiration of the five years the latter should return to the former sixty-eight’ head of cattle (the same being the number of the original herd conveyed to such latter) and thirty-two head of calves. After the cattle went into Ownbey’s…
2Cases cited18 opinions
- Capital Bank v. ArmstrongSupreme Court of Missouri · 1876
- Little v. HarringtonSupreme Court of Missouri · 1880
- Wheeler v. . LawsonNew York Court of Appeals · 1886
- Weil v. PostenSupreme Court of Missouri · 1883
- Seibert v. AllenSupreme Court of Missouri · 1876
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3Cited by2 opinions
- Merrill v. MasonMissouri Court of Appeals · 1911
- Smith v. SouthernMissouri Court of Appeals · 1922