WESTERN CAS. & SUR. CO. v. KOHM

No. 44248.

638 S.W.2d 798 (1982)

The WESTERN CASUALTY & SURETY COMPANY, Plaintiff-Appellant, v. Donald H. KOHM, Defendant-Respondent.

Missouri Court of Appeals, Eastern District, Division Four.

August 24, 1982.


Attorney(s) appearing for the Case

Robert H. Burns, John H. Marshall, Clayton, for plaintiff-appellant.

Charles P. Todt, Clayton, for defendant-respondent.


PUDLOWSKI, Judge.

The Western Casualty & Surety Co. (Western) brought an action for money had and received to recover $2400 mistakenly paid to its insured, Donald H. Kohm. The case was submitted to the trial court upon a stipulated statement of facts and memoranda of law. The trial court found for the defendant, and Western appeals.

Because the facts were stipulated, the only question before this court is whether the trial court drew the proper legal conclusions...

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