Vandagrift v. Masonic Home
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. — Hon, G. C. Hitchcock, Judge. (1) An action for money .had and received, lies when one person has received money "belonging to another, which, in justice and right, should be returned. Eicbardson v. Drug Co., 92 Mo. App. 515; Gaines v. Miller, 111 U. S. 395. (2) On December'22, 1905, Tygard was a defaulter in his trust as treasurer of the Masonic Home, in the sum of $19,329.14. He was insolvent.
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Appeal from St. Louis City Circuit Court. — Hon, G. C. Hitchcock, Judge. (1) An action for money .had and received, lies when one person has received money "belonging to another, which, in justice and right, should be returned. Eicbardson v. Drug Co., 92 Mo. App. 515; Gaines v. Miller, 111 U. S. 395. (2) On December'22, 1905, Tygard was a defaulter in his trust as treasurer of the Masonic Home, in the sum of $19,329.14. He was insolvent. He took $17,522.88 out of the Bates National Bank and used it in paying back the Masonic Home and in paying the obligations of the Masonic Home. (3) John E.…
1Opinion of the Court
BOND, C.
This, suit is by the receiver of the insolvent Bates National Bank, located at Butler, Bates county, Missouri, against the Masonic Home of Missouri, a corporatioon created for charitable purposes, in three counts, set forth in the petition. The first-two were based upon notes purporting to be signed “Masonic Home of Missouri, by F. J. Tygard, Treasurer,” dated, respectively, December 25, 1905, and March 12, 1906, and for the sums of $3000 and $1500. The right to recover on these two counts of the petition was not claimed on the oral argument in this court. The only count of the…
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