State ex rel. Cunningham v. Wilson

• Court: Missouri Supreme Court
• Writing for the Court: HOUGH
• Citation: State ex rel. Cunningham v. Wilson, 77 Mo. 633 (Mo. 1883)
• Decision Date: 30 April 1883
• Parties: THE STATE ex rel. CUNNINGHAM, Appellant, v. WILSON.

77 Mo. 633

THE STATE ex rel. CUNNINGHAM, Appellant,

v.WILSON.

Supreme Court of Missouri.

April Term, 1883.

Appeal from Macon Circuit Court.--HON. ANDREW ELLISON, Judge.

AFFIRMED.

Ben. Eli Guthrie and A. L. Gilstrap for appellant.

Dysart & Mitchell with Chas. P. Hess for respondent.

HOUGH, C. J.

The relator, as collector of the county of Macon, deposited with the Farmers and Traders' Bank in Macon City, to his credit, as collector, certain revenues collected by him, and on the 15th day of February, 1882, said bank failed and made an assignment to the defendant Wilson. This proceeding was instituted for the purpose of obtaining an allowance of the amount due said collector as a preferred claim under the act of February 11th, 1881. Cunningham, the relator, testified as follows: “On settlement February 1st, 1882, I paid over as collector the amount of State revenue proper, going directly to the State, then due; and on the 15th, the day the bank failed, I had on hand not paid over, of State revenue proper, somewhere between three and five hundred dollars, perhaps more. I had money in La Plata Bank, public money, besides that in the Macon banks. Much the larger part of the public money in the Macon banks, when they failed, was school money. I made settlement again with the State on the first days of March, April and May,...