Mayer v. Columbia Savings Bank
Missouri Court of Appeals
Appeal from tbe Boone County Circuit Court. — Hon. John A. Hochaday, Judge. (1) The demurrer should have been sustained. The plaintiffs were not shown to have any title to the note in controversy. If, as contended in the lower court, the title was in the wards, Charles and Stanley Palmer, then the suit should have been brought in their name. The action could not be maintained in the name of the curators.
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Appeal from tbe Boone County Circuit Court. — Hon. John A. Hochaday, Judge. (1) The demurrer should have been sustained. The plaintiffs were not shown to have any title to the note in controversy. If, as contended in the lower court, the title was in the wards, Charles and Stanley Palmer, then the suit should have been brought in their name. The action could not be maintained in the name of the curators. Judson v. Walker, 55 S. W. Rep. 1085; Larned v. Renshaw, 37 Mo. •459; Robinson v. Hood, 67 Mo. 660. (2) The evidence shows that the note was given for money loaned out of the common fund…
1Opinion of the CourtGill, J.
This is a suit in replevin brought jointly by D. K. Mayer, curator of Charles Palmer, and E. S. Stewart, curator of Stanley Palmer, minors, to recover of the defendant bank a certain promissory note for $800, executed1 in the year 1887 by one Larkin, and payable three years after date with 8 per cent interest to S. C. Palmer curator. The facts, which are practically undisputed, may be stated as follows: In the year 1884, S. 0. Palmer was appointed curator of four minor children — Robert, James, Charles and Stanley Palmer — and as such took charge of several thousand dollars in property and…
2Cases cited7 opinions
- Young Men's Christian Ass'n Gymnasium Co. v. Rockford National BankIllinois Supreme Court · 1899
- Powell v. MorrisonSupreme Court of Missouri · 1864
- Eyerman v. Second National BankMissouri Court of Appeals · 1883
- Turner v. HoyleSupreme Court of Missouri · 1888
- Thornton v. RankinSupreme Court of Missouri · 1853
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3Cited by4 opinions
- Horigan Realty Co. v. First National BankMissouri Court of Appeals · 1925
- Sparrow v. State Exchange BankMissouri Court of Appeals · 1903
- Dowling v. Grand Avenue BankMissouri Court of Appeals · 1924
- W. J. Howey Co. v. ColeMissouri Court of Appeals · 1928