Craig v. Bank of Granby
Missouri Court of Appeals
Appeal from Newton County Circuit Court. — Hon. Charles L. Henson, Judge. (1) If the instruction given to the jury by the court upon its own motion is inconsistent with the petition and the cause of action stated in the petition, the inconsistency, if any, only amounts to a variance, and the error, if any, in giving said instruction was waived, because said instruction is based upon the evidence in the case admitted without objection, and without motion to strike, and…
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Appeal from Newton County Circuit Court. — Hon. Charles L. Henson, Judge. (1) If the instruction given to the jury by the court upon its own motion is inconsistent with the petition and the cause of action stated in the petition, the inconsistency, if any, only amounts to a variance, and the error, if any, in giving said instruction was waived, because said instruction is based upon the evidence in the case admitted without objection, and without motion to strike, and because no affidavit of surprise was filed. Litton v. Railroad, 111 Mo. App. 140; Thomas v. Construction Co., 189 Mo. App.…
1Opinion of the CourtCox, P. J.
Action by trustee in bankruptcy to recover money claimed to have been deposited in defendant bank as a special deposit for a specific purpose. Verdict for plaintiff. Motion for new trial filed by defendant and sustained. Plaintiff has appealed.
The Mining Company had made a deposit of $1000 and the bank had applied this amount on a note it held against the depositor. Plaintiff contends that the deposit was a special deposit made for the purpose of meeting checks already issued to employees and hence the bank could not apply it to another purpose. The question at issue in the trial was whether…
2Cases cited2 opinions
- Butcher v. ButlerMissouri Court of Appeals · 1908
- State Nat. Bank of Springfield v. DodgeSupreme Court of the United States · 1888
3Cited by15 opinions
- Northern Sugar Corporation v. ThompsonCourt of Appeals for the Eighth Circuit · 1926
- Security National Bank Savings & Trust Co. v. MoberlySupreme Court of Missouri · 1936
- Borgess Hospital v. Union Industrial Trust & Savings BankMichigan Supreme Court · 1933
- Central Coal & Coke Co. v. State BankMissouri Court of Appeals · 1931
- City of Fulton v. Home Trust Co.Supreme Court of Missouri · 1934
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