Smith v. Ricords
Supreme Court of Missouri
Appeal from St. Louis Circuit Court. The statute of limitations does not run in favor of a trustee, until denial of trust or something done in breach thereof. If an attorney procure a judgment in his own name and collect the money, there is a cause of action, and he may avail himself of the protection of the statute. (Johnson vs. Smith, 27 Mo., 591.) But until he collects the money there is no cause of action to be barred.
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Appeal from St. Louis Circuit Court. The statute of limitations does not run in favor of a trustee, until denial of trust or something done in breach thereof. If an attorney procure a judgment in his own name and collect the money, there is a cause of action, and he may avail himself of the protection of the statute. (Johnson vs. Smith, 27 Mo., 591.) But until he collects the money there is no cause of action to be barred. If the attorney collect the money ten years after obtaining judgment, the action for account, or money had and received, then first accrues, and the statute then only…
1Opinion of the CourtAdams, Judge
This was an action in the nature of a bill in equity, to declare and enforce a trust in a judgment obtained by the defendant against one Francis Watkins, on the ground that the judgment obtained by the administratrix, was based upon a judgment obtained by the intestate, and that judgment was founded upon a note indorsed or assigned to the intestate for collection merely, and not for any consideration whatever. The note re*582ferred to was executed 7th August, 1854, and due from date for one thousand dollars. In 1855 the plaintiff removed to California, and before removing indorsed and delivered…
2Cases cited1 opinion
- Keeton's Heirs v. Keeton's AdministratorSupreme Court of Missouri · 1855
3Cited by14 opinions
- Bent v. PriestSupreme Court of Missouri · 1885
- Atlantic National Bank v. St. Louis Union Trust Co.Supreme Court of Missouri · 1948
- Bramell v. AdamsSupreme Court of Missouri · 1898
- Johnson v. United Railways Co.Supreme Court of Missouri · 1912
- Kerber v. RoweSupreme Court of Missouri · 1941
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