Hefferman v. Boteler
Missouri Court of Appeals
Appeal from Jackson Circuit Court. — Son. J. S. Slover, Judge. (1) The court below, as evidenced by its memorandum filed with the papers on the decision • of the cause, .based its opinion and decree upon the proposition found by the court, that the Sexton Security Company was the agent of defendant Boteler for the loan of moneys, and the court below, in its decision, relied upon the case of Sharp v. Knox, 48 Mo. App. 169 to 176, to support its finding and decree.
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Appeal from Jackson Circuit Court. — Son. J. S. Slover, Judge. (1) The court below, as evidenced by its memorandum filed with the papers on the decision • of the cause, .based its opinion and decree upon the proposition found by the court, that the Sexton Security Company was the agent of defendant Boteler for the loan of moneys, and the court below, in its decision, relied upon the case of Sharp v. Knox, 48 Mo. App. 169 to 176, to support its finding and decree. Appellant contendsdhat the case of Cummings v. Hurd, 49 Mo. App. 139, is in point, and that said case of Sharp v. Knox, 48 Mo. App.…
1Opinion of the CourtEllison, J.
This is a proceeding in equity whereby plaintiff asks the court to cancel a deed of trust and a negotiable promissory note which the trust deed secured. The decree in the trial court was for plaintiff.
The Sexton Security Company (managed by two Sexton brothers) was engaged in the loan brokerage business in Kansas City, Missouri. Plaintiff, having noticed their advertisement, called at their office and made application for a loan of $650 for one year, to be secured by a deed of trust on certain property in the city. After some slight difficulty in correcting the title to the property, the loan…
2Cases cited17 opinions
- Smith v. . KiddNew York Court of Appeals · 1877
- Stiger v. BentIllinois Supreme Court · 1884
- Joy v. VanceMichigan Supreme Court · 1895
- Cummings v. HurdMissouri Court of Appeals · 1892
- Security Co. v. GraybealSupreme Court of Iowa · 1892
12 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Meux v. HallerMissouri Court of Appeals · 1913
- Plummer v. KnightMissouri Court of Appeals · 1911
- Kraemer v. LeberMissouri Court of Appeals · 1954
- Hamilton v. HechtMissouri Court of Appeals · 1955
- Large v. Frick Co.Missouri Court of Appeals · 1923
5 more not listed; retrieve them via the Exa API.