Arnold v. Sedalia National Bank
Missouri Court of Appeals
Appeal from Pettis Circuit Court. — lion. Geo. F. Longan, Judge. (1) Withholding appellant’s money when same had been demanded, amounted to a conversion, and the interest thereon for the time it was withheld is the measure of damages. Allgear. v. Walsh, 24 Mo. App. 134. (2) Respondent, having accepted the $117 from appellant as a voluntary bailee, was bound by the terms of such acceptance, and was estopped to question appellant’s right to the money upon demand.
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Appeal from Pettis Circuit Court. — lion. Geo. F. Longan, Judge. (1) Withholding appellant’s money when same had been demanded, amounted to a conversion, and the interest thereon for the time it was withheld is the measure of damages. Allgear. v. Walsh, 24 Mo. App. 134. (2) Respondent, having accepted the $117 from appellant as a voluntary bailee, was bound by the terms of such acceptance, and was estopped to question appellant’s right to the money upon demand. The rule that the bailee can not dispute- that his bailor had the right to the property at the time of the bailment, extends to the…
1Opinion of the CourtBroaddus, J.
This case originated before a justice of the peace, and on appeal to the circuit court, a trial by jury being waived, the court found for the defendant, and plaintiff appealed.
The facts are as follows: On April 14,1897, plaintiff deposited with defendant, a national bank, one hundred and seventeen dollars in the usual manner. Five days later plaintiff presented his check for the same amount and demanded payment, which defendant refused. The ground upon which defendant withheld the fund from appellant was, that a suit in equity had been instituted in the Pettis Circuit Court by one Barbara Ann…
2Cases cited6 opinions
- State v. ReidSupreme Court of Missouri · 1894
- Hathaway v. FoySupreme Court of Missouri · 1867
- McKeen v. Boatmen's BankMissouri Court of Appeals · 1898
- Arn v. ArnMissouri Court of Appeals · 1899
- Swallow v. DuncanMissouri Court of Appeals · 1885
1 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Bassick Gold Mine Co. v. BeardsleySupreme Court of Colorado · 1910
- Gupton v. CarrMissouri Court of Appeals · 1910
- Hoffman v. UngerWest Virginia Supreme Court · 1943