Kennedy v. Estate of Kennedy
Supreme Court of Missouri
Error to Franklin 'Circuit Court. I. Mrs. Kennedy, wife of the plaintiff, was in no sense his agent. The facts show that he was present when the alleged payment was made to A. A. Kennedy, in the full possession of his faculties, acquainted with all the circumstances, qualified, by education and otherwise, to manage his own affairs. His wife, on the other hand, could neither read nor write, and was in no respect peculiarly fitted for the office.
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Error to Franklin 'Circuit Court. I. Mrs. Kennedy, wife of the plaintiff, was in no sense his agent. The facts show that he was present when the alleged payment was made to A. A. Kennedy, in the full possession of his faculties, acquainted with all the circumstances, qualified, by education and otherwise, to manage his own affairs. His wife, on the other hand, could neither read nor write, and was in no respect peculiarly fitted for the office. But there is no evidence from which her agency can be inferred. Her statement that she was her husband’s agent does not, of itself, make her such. The…
1Opinion of the CourtSherwood, Judge
This was a suit in the nature of a bill in equity brought by John Kennedy against the heirs and widow of Allen A. Kennedy deceased, and also against the administrator of the decedent’s estate to have a resulting trust established in plaintiffs favor as to a lot in Pacific, in Franklin County, the *76petition alleging that decedent was the agent of plaintiff, had been employed by him and famished with $900 to bny said lot for plaintiff and had agreed to purchase the same as the agent of plaintiffs and supply any defect which might arise in completing the payment of the purchase money; that…
2Cases cited2 opinions
- Johnson v. QuarlesSupreme Court of Missouri · 1870
- Ringo v. RichardsonSupreme Court of Missouri · 1873
3Cited by22 opinions
- Chambers v. EmeryUtah Supreme Court · 1896
- Allen v. LoganSupreme Court of Missouri · 1888
- Melton v. SmithSupreme Court of Missouri · 1877
- Morrow v. MatthewIdaho Supreme Court · 1904
- Ewing v. KeithUtah Supreme Court · 1898
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