Garesché v. Priest
Missouri Court of Appeals
Appeal from the St. Louis Circuit Court, Adams, J. Interest is not chargeable as of course, but it depends upon the facts of each case. — Madden v. Madden, 27 Mo. 546 ; Glyce v. Anderson, 49 Mo. 43. Damages cannot be recovered against a defendant which the plaintiff could have avoided. — The State ex rel. v. Powell, 44 Mo. 440 ; Tlaysler v. Owen, 61 Mo. 274. An executor will be excused if he exercise ordinary skill and care, and is liable only when he has acted in bad faith.…
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Appeal from the St. Louis Circuit Court, Adams, J. Interest is not chargeable as of course, but it depends upon the facts of each case. — Madden v. Madden, 27 Mo. 546 ; Glyce v. Anderson, 49 Mo. 43. Damages cannot be recovered against a defendant which the plaintiff could have avoided. — The State ex rel. v. Powell, 44 Mo. 440 ; Tlaysler v. Owen, 61 Mo. 274. An executor will be excused if he exercise ordinary skill and care, and is liable only when he has acted in bad faith. —Fudge v. Dorn, 51 Mo. 267 ; Thompson v. Brown, 4 Johns Ch. 619 ; Knight v. Earl, 3 Atk. 480 ; The State to use v.…
1Opinion of the CourtLewis, P. J.
The question involved arises ujion exceptions taken to the final settlement made for Daniel G. Taylor, deceased, the defendant’s testator, upon his administration of the partnership estate of the St. Louis Sectional Dock Company. In December 1876, Taylor, as such administrator, having in his hands a surplus of about $38,000, invested $10,000 in bonds, at their par value, issued by the St. John’s Episcopal Church. These bonds were part of an issue amounting to $25,000 made in 1872, and having five years to run. *271They bore interest at ten per cent per annum, payable semiannually, and secured by…
2Cases cited3 opinions
- Gamble v. GibsonSupreme Court of Missouri · 1875
- Ackerman v. EmottNew York Supreme Court · 1848
- Bogart & Jackson v. Van VelsorNew York Court of Chancery · 1848
3Cited by3 opinions
- Heyl's EstateSupreme Court of Pennsylvania · 1938
- Cameron Trust Co. v. LeibrandtMissouri Court of Appeals · 1935
- Garesche v. PriestSupreme Court of Missouri · 1883