Porter v. Woods
Supreme Court of Missouri
Appeal from Jackson Circuit Court. — Hon. John W. Henry, Judge. (1) The defendant is estopped, by the terms of the declaration of trust which he received, accepted and retained, to deny that he agreed to its terms. Glenn v. Statler, 42 Iowa, 107; Mateer v. Bailroad, 105 Mo. 320; James v. Clough, 25 Mo.
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Appeal from Jackson Circuit Court. — Hon. John W. Henry, Judge. (1) The defendant is estopped, by the terms of the declaration of trust which he received, accepted and retained, to deny that he agreed to its terms. Glenn v. Statler, 42 Iowa, 107; Mateer v. Bailroad, 105 Mo. 320; James v. Clough, 25 Mo. App. 147; Craxoford v. Edwards, 33 Mich. 354; Spaulding v. Hallenbeck, 35 N. Y. 206; Trotter v. Hughes, 2 Kern. 74; Belmont v. Coman, 22 N. Y. 438; Sinclair v. Jackson, 8 Cow. 585; Atlantic Bock Co. v. Leavitt, 54 N. Y. 35; Hasenritter v. Kirschhoffer, 79 Mo. 241. (2) Defendant, after accepting…
1Opinion of the CourtBurgess, J.
In May, 1887, L. R. Moore was the owner of a lot of ground in Kansas City, Missouri, which he sold to a syndicate of which the defendant, Woods, Will S. Woods, J. W. Merrill and others were members, for the sum of $100,000.
The contract on the part of the syndicate was made by Woods, Mellier & Co. Will S. Woods was a member of that firm.
Moore agreed to allow Woods, Mellier & Co., two and one half per cent on the amount of the sale in the event of its consummation. Will S. Woods organized the syndicate, and by and with the consent of the other members arranged all matters of detail, with…
2Cases cited18 opinions
- Lawrence v. . FoxNew York Court of Appeals · 1859
- Simson v. . BrownNew York Court of Appeals · 1877
- Och v. Missouri, Kansas & Texas Railway Co.Supreme Court of Missouri · 1895
- City of St. Louis ex rel. Glencoe Lime & Cement Co. v. Von PhulSupreme Court of Missouri · 1896
- Burton v. LarkinSupreme Court of Kansas · 1887
13 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Crone v. StindeSupreme Court of Missouri · 1900
- Stephens v. Great Southern Savings & Loan Ass'nMissouri Court of Appeals · 1967
- Beattie Manufacturing Co. v. GerardiSupreme Court of Missouri · 1901
- Harris v. LynnDistrict Court, E.D. Missouri · 1976
- Bingen v. First Trust Co. of St. PaulCourt of Appeals for the Eighth Circuit · 1939
9 more not listed; retrieve them via the Exa API.