Raymuth Real Estate & Building Co. v. Robinson
Missouri Court of Appeals
Appeal from the Circuit Court of the City of St. Louis, —Hon. William M. Kinsey,. Judge. (1) Where trust funds are wrongfully commingled and converted by the trustee and the general assets of the trustee are thereby benefited, equity will charge those assets with the amount of the converted fund as a preferred demand.
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Appeal from the Circuit Court of the City of St. Louis, —Hon. William M. Kinsey,. Judge. (1) Where trust funds are wrongfully commingled and converted by the trustee and the general assets of the trustee are thereby benefited, equity will charge those assets with the amount of the converted fund as a preferred demand. Harrison v. Smith, 83 Mo. 210; Stoller v. Coates, 88 Mo. 514; Evangelical Synod v. Schoeneich, Admr., 1.43 Mo. 652. (2) While the mere receipt and conversion to his own use of trust funds by an insolvent trustee will not entitle the owner of the fund to a prior lien, if it…
1Opinion of the CourtReynolds, P. J.
This is a suit in equity, by which it is attempted to charge the assets of the estate of Sylvester J. Fisher, deceased, in the hands ■ of his administrator, with a special lien against those assets, on the claim that moneys collected by Fisher in his lifetime, as rentals on the property of plaintiff, went to swell and increase the assets of Fisher during his lifetime, and had passed into the possession and control of defendant as administrator, and “are now in the possession and control of said administrator and so mingled with the funds, property and assets of said Fisher in his hands that…
2Cases cited10 opinions
- Harrison v. SmithSupreme Court of Missouri · 1884
- Stoller v. CoatesSupreme Court of Missouri · 1885
- Paul v. DraperSupreme Court of Missouri · 1900
- Midland National Bank of Kansas City v. BrightwellSupreme Court of Missouri · 1899
- Evangelical Synod of North America v. SohoeneichSupreme Court of Missouri · 1898
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3Cited by5 opinions
- Benz v. PowellSupreme Court of Missouri · 1936
- Nichols v. Bank of SyracuseMissouri Court of Appeals · 1925
- Horigan Realty Co. v. FlynnMissouri Court of Appeals · 1923
- Beck v. KrembsMissouri Court of Appeals · 1919
- Nelson v. Estate of Clair F. McCleanMissouri Court of Appeals · 1942