First Nat. Bank of Las Vegas, N. M. v. Franklin Bank
Citation | 233 S.W. 11 |
Decision Date | 01 April 1921 |
Docket Number | No. 21683.,21683. |
Parties | FIRST NAT. BANK OF LAS VEGAS, N. M., v. FRANKLIN BANK et al. |
Court | United States State Supreme Court of Missouri |
Appeal from St. Louis Circuit Court; Benjamin J. Klene, Judge.
Snit by the First National Bank of Las Vegas, New Mexico, against the Franklin Bank, William L. Garrels, administrator d. b. n. c. t. a. of the estate of Gerhard W. Garrels, deceased, and others. Judgment for plaintiff, and the defendants named appeal. Affirmed in part, and reversed and remanded in part, with directions.
T. Percy Carr and O'Neill Ryan, both of St. Louis, for appellants.
D'Arcy & Neun and Edward D'Arcy, all of St. Louis, for respondent First Nat. Bank of Las Vegas.
W. B. & Ford W. Thompson, of St. Louis, for respondents Buddecke.
This is the second appearance of this case here. When first here it was the case of First National Bank of Las Vegas N. M., v. Franklin Bank et al., a suit in equity. First National Bank v. Franklin Bank, 211 S. W. 3. Here the original facts may be found.
The opinion in that case speaks for itself, and with the conclusions there reached we are satisfied. By that judgment we reversed the judgment nisi, but remanded the cause, with specific directions. 211 S. W. Ice. cit. 8. These directions read:
"The judgment of the St. Louis city circuit court is reversed, and the cause remanded, with directions that an accounting be had, if necessary, to ascertain how much of the amount arising from the final sale of the property of the Las Vegas Railway & Power Company under the decree of foreclosure was distributed on account of the $150,000 in bonds heretofore mentioned, and the amount to which plaintiff would have been entitled out of such distribution after payment in full of the claims of the Franklin Bank and the International Bank, for which said bonds, or any part thereof, were pledged as collateral security, and to enter its judgment therefor, not exceeding the sum, and interest, expressed in plaintiff's note for $9,010, against the defendant Caroline F. Carrels, executrix of G. W. Carrels, deceased."
Pursuant to these directions, the trial court entered a judgment as follows:
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