Legal Opinion

Harrison v. Smith

Supreme Court of Missouri

Decided October 15, 1884PublishedCited by 75 opinions

Appeal from Jackson Circuit Court. — Hon. T. A. Gill, Judge. First. The relation of respondent Harrison to the Missouri Valley Bank was, throughout the entire period of thirteen months, which covered the transaction in question, never anything but that of creditor to debtor.

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Appeal from Jackson Circuit Court. — Hon. T. A. Gill, Judge. First. The relation of respondent Harrison to the Missouri Valley Bank was, throughout the entire period of thirteen months, which covered the transaction in question, never anything but that of creditor to debtor. The fact that Harrison deposited his money in the Missouri Valley Bank, with the view of loaning the same through that bank on real estate in Kansas City, does not in the least change the nature of the deposit. Second. Neither the fund in question, nor any proceeds therefrom, «ver formed any part of the assets assigned to…

1Opinion of the CourtNorton, J.

The Missouri Talley Bank was a banking corporation doing business in Kansas City, and on the 17th day of February, 1881, it made a general assignment of its assets to defendant Smith for the benefit of creditors; and this suit was instituted against him for' the purpose of impressing the assets in his hands with a trust, and, as a foundation for the claim, it is averred substantially in the petition that the Missouri Talley Bank was acting as the agent of plaintiff, who lived in the state ,of New York, in effecting loans of plaintiff’s money on real estate security; that plaintiff, on being…

2Cases cited2 opinions

  1. Pomeroy v. BentonSupreme Court of Missouri · 1874
  2. Mills v. PostSupreme Court of Missouri · 1882

3Cited by75 opinions

  1. Continental National Bank v. WeemsTexas Supreme Court · 1888
  2. Stoller v. CoatesSupreme Court of Missouri · 1885
  3. Spokane County v. First Nat. Bank of SpokaneCourt of Appeals for the Ninth Circuit · 1895
  4. Bank of Poplar Bluff v. MillspaughSupreme Court of Missouri · 1926
  5. Paul v. DraperSupreme Court of Missouri · 1900

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