76 Mo. App. 449 | Mo. Ct. App. | 1898
The material facts are about as follows: Christian & Longhening were traders and feeders of stock in Atchison county and kept a bank account with the defendant with whom they made deposits when stock was sold and on whom they made checks for stock, feed, etc., purchased. In November, 1895, Longhening (acting it seems in behalf of the firm of Christian & Longhening) borrowed about $1,600 from the plaintiff
The second count is based on a shipment in May, 1896; of six head of the mortgaged cattle to Chicago where plaintiff (the mortgagee) received and sold them, along with some twenty-four other cattle shipped by C. &L. Christian accompanied this shipment, and, under an agreement then and there made, the entire proceeds of the thirty cattle were transferred by plaintiff to defendant’s bank to the credit of C. & L.— Christian however promising that when he returned home he and Longhening would compute the proximate amount for which the six mortgaged cattle sold and remit this sum to plaintiff at Chicago.