Myers v. Cantley

• Citation: 18 S.W.2d 112
• Decision Date: 10 June 1929
• Docket Number: No. 16291.,16291.
• Parties: MYERS v. CANTLEY, Commissioner of Finance, et al.
• Court: Court of Appeal of Missouri (US)

18 S.W.2d 112

MYERS v. CANTLEY, Commissioner of Finance, et al.

No. 16291.

Kansas City Court of Appeals. Missouri.

June 10, 1929.

Appeal from Circuit Court, Johnson County; Ewing Cockrell, Judge.

"Not to be officially published."

Action by C. T. Myers against S. L. Cantley, Commissioner of Finance, and the Farmers' Bank of Leeton. Judgment for plaintiff, and defendants appeal. Reversed.

M. D. Aber, of Warrensburg, for appellants.

BLAND, J.

This is an appeal from an order of the court allowing a claim in favor of the plaintiff and against the defendant, S. L. Cantley, commissioner of finance, in charge of the Farmers' Bank of Leeton in liquidation.

The petition filed in the circuit court is as follows:

"The undersigned states that at the time said Bank was closed he owed a note of $450.00 to said Bank that at that time he had on deposit in said Bank $81.41 to his individual credit — that in addition to this the firm of Brooks and Myers, of which complainant is a member had on deposit in said Bank to said partnership credit the sum of $298.00; That in the adjustment of said situation the Special Commissioner allowed him a credit on said note of $81.41, when he should have been allowed in addition thereto one half of the firm deposit, to-wit; $149.00.

"Wherefore petitioner prays the Court for an Order on said Special Commissioner directing him to make the allowance above

                claimed.                     C. T. Myers."
                

It is insisted that the petition fails to state a cause of action. We think this contention is well taken. It is well settled that a debt due to a partnership cannot be set off against a debt due by an individual. Lamb v. Brolaski, 38 Mo. 51; Weil v. Jones, 70 Mo. 560; Payne v. O'Shea, 84 Mo. 129; Nipper v. Jones, 27 Mo. App. 538; State ex rel. Shipman v. Allen, 124 Mo. App. 465, 103 S. W. 1090; National Handle Co. v. Huffman, 140 Mo. App. 634, 120 S. W. 690; Kentling & Kentling v. Magers (Mo. App.) 256 S. W. 528; 30 Cyc. p. 502.

The judgment is reversed.

ARNOLD, J., concurs.

TRIMBLE, P. J., absent.