Crigler v. Duncan
Missouri Court of Appeals
Appeal from Audrain Circuit Court. —.Hon. J. D. Barnett, Judge. (1) The defendant acted merely as an instrument in the performance of an appointed service. His employment was rather a service than a trust. The plaintiff did not rely upon him for counsel and direction, hence defendant did not owe to plaintiff the obligation of an agent in the general sense. Mining Co. v. Fox, 39 N. C. (4 Ired. Eq.) 61; Grady v. O’Reily, 116 M'o. 346; Ins.
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Appeal from Audrain Circuit Court. —.Hon. J. D. Barnett, Judge. (1) The defendant acted merely as an instrument in the performance of an appointed service. His employment was rather a service than a trust. The plaintiff did not rely upon him for counsel and direction, hence defendant did not owe to plaintiff the obligation of an agent in the general sense. Mining Co. v. Fox, 39 N. C. (4 Ired. Eq.) 61; Grady v. O’Reily, 116 M'o. 346; Ins. Co. v. School Dist., 80 Fed. 366; Walker v. Carrington, 74 111. 446; Collins v. Sullivan, 135 Mass. 922. (2) The letter written by plaintiff to defendant and…
1Opinion of the CourtGoode, J.
Plaintiff and defendant are brothers-in-law. The former resides in the State of Tennessee and the latter in Audrain county, Missouri. On the death of plaintiff’s father he and his two sisters, Mrs. Duncan, wife of defendant, and Mrs. Lonergan, inherited a farm of two hundred and twenty acres in Audrain county. Subsequently plaintiff bought Mrs. Lonergan’s interest, thereby becoming the OAvner of an undivided two-thirds of the farm, the other third being owned by Mrs. Duncan. A futile attempt had been made by plaintiff to purchase her interest. Defendant and N. S. Meyers were partners engaged…
2Cases cited5 opinions
- Cole v. ArmourSupreme Court of Missouri · 1900
- Mansur v. BottsSupreme Court of Missouri · 1883
- Hall v. MarstonMassachusetts Supreme Judicial Court · 1822
- Laclede Construction Co. v. Tudor Iron WorksSupreme Court of Missouri · 1902
- Winningham v. FancherMissouri Court of Appeals · 1893
3Cited by13 opinions
- Hilderbrand v. AndersonMissouri Court of Appeals · 1954
- Weisels-Gerhardt Real Estate Co. v. Pemberton Investment Co.Missouri Court of Appeals · 1910
- Witty v. SalingMissouri Court of Appeals · 1913
- Steele v. BrazierMissouri Court of Appeals · 1909
- Gilliam v. LoebMissouri Court of Appeals · 1908
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