Kent v. Curtis
Missouri Court of Appeals
Error to St. Louis Circuit Court. It is not necessary to secure a judgment against an insolvent debtor and have a nulla bona return to the execution before proceeding in equity. — Turner v. Adams, 46 Mo. 95 ; Pendleton v. Perkins, 49 Mo. 569 ; Luthy v. Woods, 1 Mo. App. 167; Beal v. McVicker, 3 Mo. App. 592. Equity jurisdiction. — 1 Story’s Eq.
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Error to St. Louis Circuit Court. It is not necessary to secure a judgment against an insolvent debtor and have a nulla bona return to the execution before proceeding in equity. — Turner v. Adams, 46 Mo. 95 ; Pendleton v. Perkins, 49 Mo. 569 ; Luthy v. Woods, 1 Mo. App. 167; Beal v. McVicker, 3 Mo. App. 592. Equity jurisdiction. — 1 Story’s Eq. Jur., secs. 33, 60,80, 440 ; Dobyns v. McGeven, 15 Mo. 662 ; West v. Wagner, 3 Mo. 16. Equity will not entertain jurisdiction except when it is shown that the debtor has exhausted his legal remedies. — Merry v; Fre--mon, 44 Mo. 521; McDowal v. Cochran,…
1Opinion of the CourtHaydeN, J.
This is a suit in equity to subject certain real estate to a elaim not in judgment. The petition alleges that the' plaintiffs employed the defendant F. B. .Curtis as their agent to *123sell for casb. certain goods which they entrusted to his care, or which he was to buy for cash as their agent; that he was to receive the price, pay specified expenses, and to remit balances each week by draft on New York; that defendant continued a certain time in their employ, received goods to a certain amount, failed to account for a large portion, and converted the proceeds to the amount, etc. The petition…
2Cases cited14 opinions
- Russell v. Clark's ExecutorsSupreme Court of the United States · 1812
- Pendleton v. PerkinsSupreme Court of Missouri · 1872
- Merry v. FremonSupreme Court of Missouri · 1869
- O'Brien v. CoulterIndiana Supreme Court · 1831
- Turner v. AdamsSupreme Court of Missouri · 1870
9 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Buckley v. MaupinSupreme Court of Missouri · 1939
- Luthy v. WoodsMissouri Court of Appeals · 1878
- Kankakee Woolen Mill Co. v. KampeMissouri Court of Appeals · 1889
- Lackland v. SmithMissouri Court of Appeals · 1878
- Beal v. McVickerMissouri Court of Appeals · 1879
7 more not listed; retrieve them via the Exa API.