Turner v. Hoyle
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. — ITon. Geo. W. Lubke, Judge. (1) The trust deed creating the trust out of which this note springs confers upon the trustees full power and authority in the trustees to change the character of the fund.
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Appeal from St. Louis City Circuit Court. — ITon. Geo. W. Lubke, Judge. (1) The trust deed creating the trust out of which this note springs confers upon the trustees full power and authority in the trustees to change the character of the fund. The language of the deed is as follows : “The said party of the second part is hereby authorized and empowered in his sound discretion, to sell and convey the same to any purchaser at public or private sale and to receive the proceeds thereof, which shall be by the said party invested and held subject-to the same trusts which are by this deed impressed…
1Opinion of the CourtBrace, J.
In this action the plaintiff recovered judgment in the circuit court of the city of St. Louis for the sum of $4,320.33, damages for the conversion of a promissory note belonging to an estate of which he is the trustee. The facts in the case are substantially as follows: On February 9, 1874, Caroline O’Fallon et al: conveyed to Benjamin Farrar certain real estate in said city in trust for Fanny Wall, Ellen Smith, and Emily O’Fallon, with power “to sell and convey the same to-any purchaser at public or private sale, and to receive the-proceeds thereof, which shall be by the said party of…
2Cases cited8 opinions
- Hagerman v. SuttonSupreme Court of Missouri · 1887
- Mayes v. RobinsonSupreme Court of Missouri · 1887
- International Bank v. German BankSupreme Court of Missouri · 1879
- Neuhoff v. O'ReillySupreme Court of Missouri · 1887
- Julian v. CalkinsSupreme Court of Missouri · 1884
3 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Elliott v. Landis Machine Co.Supreme Court of Missouri · 1911
- Clark v. First National BankMissouri Court of Appeals · 1894
- Bishop v. ChaseSupreme Court of Missouri · 1900
- Payne v. First National BankMissouri Court of Appeals · 1891
- German American Bank v. Carondelet Real Estate Co.Supreme Court of Missouri · 1899
5 more not listed; retrieve them via the Exa API.