McDowell v. Morath
Missouri Court of Appeals
Appeal from the Lafayette Circuit Court. — Hon. Richard Field, Judge. (1) Morath. held this property in trust for McDowell. Casborne v. Scarfe, 2 Leading Cases in Eq. (White & Tudor), part 2, marg. p. 1039, top p. 1948; 2'Story’s Eq. Jur. [12 Ed.], sec. 982, and cases cited. And this law of resulting trusts applies to personal property (the insurance money) as well as to real estate. 1 Perry on Trusts [2 Ed.], sec. 130; 1 Leading Cases in Eq.
Read the full summary
Appeal from the Lafayette Circuit Court. — Hon. Richard Field, Judge. (1) Morath. held this property in trust for McDowell. Casborne v. Scarfe, 2 Leading Cases in Eq. (White & Tudor), part 2, marg. p. 1039, top p. 1948; 2'Story’s Eq. Jur. [12 Ed.], sec. 982, and cases cited. And this law of resulting trusts applies to personal property (the insurance money) as well as to real estate. 1 Perry on Trusts [2 Ed.], sec. 130; 1 Leading Cases in Eq. (White & Tudor), pt. 1,320. ■ (2) McDowell had an insurable interest in said property. Morrison’s Adm’r v. Ins. Go., 18 Mo. 265; May on Ins, [3 Ed.],…
1Opinion of the CourtSmith, P. J.
This is a suit in equity. The case presented by the record may be briefly stated in this way:
The plaintiff was the owner o'f a certain unimproved lot in the city of Lexington and being desirous of erecting certain buildings thereon, requested the defendant to loan him a sum of money sufficient to erect the same. The defendant having consented to make the loan so requested, the plaintiff thereupon, for the purpose of securing the same, conveyed said lot to defendant by a deed of general warranty. The defendant accordingly, from time to time, advanced to the plaintiff the sum of $905, which was…
2Cases cited15 opinions
- Carpenter v. Providence Washington InsuranceSupreme Court of the United States · 1842
- Ætna Fire Insurance v. TylerCourt for the Trial of Impeachments and Correction of Errors · 1836
- Clinton v. . the Hope Insurance CompanyNew York Court of Appeals · 1871
- Insurance Co. v. StinsonSupreme Court of the United States · 1881
- Kernochan v. . the New-York Bowery Fire Insurance CompanyNew York Court of Appeals · 1858
10 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Northwestern National Insurance Co. v. MildenbergerMissouri Court of Appeals · 1962
- Walter v. Marine Office of AmericaCourt of Appeals for the Fifth Circuit · 1976
- Hartford Fire Insurance v. BleedornMissouri Court of Appeals · 1939
- Gillespie v. Scottish Union & National Ins.West Virginia Supreme Court · 1906
- Farmers' & Laborers' Co-Operative Insurance v. Bank of CentraliaMissouri Court of Appeals · 1933
7 more not listed; retrieve them via the Exa API.