Snyder v. Cowan
Supreme Court of Missouri
Certified from Kansas City Court of Appeals.- (1) When a deposit is made to or with a party in. a special character or capacity, then, when the trust shall have terminated, the delivery should be made to the party for whom, or for whose benefit the deposit may have been made. Story on Bailments [9 Ed.], sec. 109. And this is so, though the deposit may have been made in the name of the party making it.
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Certified from Kansas City Court of Appeals.- (1) When a deposit is made to or with a party in. a special character or capacity, then, when the trust shall have terminated, the delivery should be made to the party for whom, or for whose benefit the deposit may have been made. Story on Bailments [9 Ed.], sec. 109. And this is so, though the deposit may have been made in the name of the party making it. Utley v. Tolfree, 77 Mo. 307. (2) The foregoing principle applies in all cases where the deposit is made with one who occupies a trust relation to a third party, whether it be that of an…
1Opinion of the Court
Büegess, J.
This suit was brought to recover of defendant $723.50 received by him as interest on money deposited with him as clerk of the circuit court for the use and benefit of plaintiff.
Plaintiff was the owner of certain lots in the city of St. Joseph over which the St. Joseph & Iowa Railroad sought to condemn a right of way, and, being unable to agree as to the compensation to be allowed, the railroad company instituted proceedings for 'that purpose. Commissioners, who were duly appointed, *392assessed plaintiff’s damages at $9,200, which the railroad company paid to the defendant as clerk for…
2Cases cited4 opinions
- Bent v. PriestSupreme Court of Missouri · 1885
- Cruce v. CruceSupreme Court of Missouri · 1884
- St. Louis, Keokuk & Northwestern Railroad v. ClarkSupreme Court of Missouri · 1893
- Bassett v. KinneySupreme Court of Connecticut · 1855
3Cited by4 opinions
- St. Louis, Oak Hill & Carondelet Railway Co. v. FowlerSupreme Court of Missouri · 1898
- City of St. Louis v. Senter Commission Co.Supreme Court of Missouri · 1939
- Chicago, Santa Fe & California Railway Co. v. EubanksSupreme Court of Missouri · 1895
- State ex rel. Ridge v. ShoemakerSupreme Court of Missouri · 1919