Legal Opinion

Anderson v. Roberts

Supreme Court of Missouri

Decided December 24, 1898PublishedCited by 4 opinions

Appeal from Boone Circuit Court. — LIon. John A. Ho ok ad ay, Judge. (1) The circuit court erred in charging the defendants personally with the shortage of treasurer Gillespy in his accounts with this fund. The judges of the county court had the right to employ an agent to hold the actual custody of the securities and money and to keep the accounts. Trustees may employ agents, when to do so is in accordance with the usual and ordinary course of business. 2 Story’s Eq.

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Appeal from Boone Circuit Court. — LIon. John A. Ho ok ad ay, Judge. (1) The circuit court erred in charging the defendants personally with the shortage of treasurer Gillespy in his accounts with this fund. The judges of the county court had the right to employ an agent to hold the actual custody of the securities and money and to keep the accounts. Trustees may employ agents, when to do so is in accordance with the usual and ordinary course of business. 2 Story’s Eq. Jur., sec. 1269; Carpenter v. Carpenter, 34 Am. Rep. 716; 1 Beach, Modern Eq. Jur., sec. 252; Purdy v. Lynch, 40 N. E. Rep.…

1Opinion of the CourtMarshall, J.

— In 1845, Anthony W. Rollins died, testate, devising to the then judges of the county court of Boone county the sum of ten thousand dollars, in trust, to loan the same upon good security, collect the interest, apply three-fourths of the interest to the education of such poor *491youths, male or female, of Booue county as desired to avail themselves of such aid and who should be selected by the president of the State university and the principal of the Columbia Eemale Academy; the remaining one-fourth of the interest and any unexpended balance of the three-fourths to be added to the principal.

The…

2Cases cited5 opinions

  1. Chambers v. City of St. LouisSupreme Court of Missouri · 1860
  2. State ex rel. Reid v. GriffithSupreme Court of Missouri · 1876
  3. Tatum v. HollidaySupreme Court of Missouri · 1875
  4. State ex rel. Chase v. DavisSupreme Court of Missouri · 1886
  5. State ex rel. Powell v. TaylorMissouri Court of Appeals · 1878

3Cited by4 opinions

  1. Estate Bernice P. BishopHawaii Supreme Court · 1943
  2. McLean v. PeyserCourt of Appeals of Maryland · 1935
  3. Shriners Hospitals for Crippled Children v. GardinerCourt of Appeals of Arizona · 1986
  4. Shriners Hospitals for Crippled Children v. GardinerCourt of Appeals of Arizona · 1986

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