Legal Opinion

State ex rel. Rice v. Cayce

Supreme Court of Missouri

Decided April 15, 1885PublishedCited by 3 opinions

Appeal from St. Francois Circuit Court.—Hon. J. D. Pox, Judge. (1) If Paherty had no authority to empower McMullin to receive the money, the latter’s act in receiving it was unauthorized. Blair v. Ins. Go., 10 Mo. 566 ; Brandt on Sur. and G-uar., secs. 483, 484; Staten. - McDonough, 9 Mo.

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Appeal from St. Francois Circuit Court.—Hon. J. D. Pox, Judge. (1) If Paherty had no authority to empower McMullin to receive the money, the latter’s act in receiving it was unauthorized. Blair v. Ins. Go., 10 Mo. 566 ; Brandt on Sur. and G-uar., secs. 483, 484; Staten. - McDonough, 9 Mo. App. 63. (2) Paherty, as guardian, had the power to employ agents to transact the business of his ward, to execute all instruments necessary to the fulfillment of his trust, being responsible to his ward for the exercise of due diligence and prudence. Schouler’s Bom. Rel., secs. 318, 346, 381; Roger’s…

1Opinion of the CourtHexstet, C. J.

This is an action against Cayce et al., .as sureties on the official bond of W. S. McMullin, as sheriff of St. Francois county, to recover $1,210, with interest and statutory damages. The money was received by said sheriff on a sale of lands in a partition proceeding, the order of sale requiring ten per cent, of the purchase money to be paid in cash, and the residue in twelve months. The sale was made the nineteenth of May, 1880, and ten days thereafter, Patterson, the purchaser, paid for the land the $1,210 bid by him, and received a deed from the sheriff. The receipt of the money at that…

2Cited by3 opinions

  1. Phelps v. DomvilleSupreme Court of Missouri · 1957
  2. State ex rel. Hey v. HarperMissouri Court of Appeals · 1893
  3. Jarvis v. GarnettSupreme Court of Missouri · 1866

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