Berthold v. Berthold
Supreme Court of Missouri
Error to St. Louis Circuit Court. John R. Sarpy resided in France several years next preceding his death, which occurred April 26, 1868. The defendant was the agent and attorney in fact of said Sarpy, and had possession of his assets in St. Louis, and collected rents, etc.,, for him, for all which he received a regular compensation. Among the assets of Sarpy in the hands of defendant -was a note for $10,000, dated May 9,1865, payable twelve months after date.
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Error to St. Louis Circuit Court. John R. Sarpy resided in France several years next preceding his death, which occurred April 26, 1868. The defendant was the agent and attorney in fact of said Sarpy, and had possession of his assets in St. Louis, and collected rents, etc.,, for him, for all which he received a regular compensation. Among the assets of Sarpy in the hands of defendant -was a note for $10,000, dated May 9,1865, payable twelve months after date. The payment of the note was extended two years, making it finally fall due May 9, 1868, at which time it was paid. This note was…
1Opinion of the CourtBliss, Judge
The $10,000 note due Sarpy was deposited as collateral security for the payment of the one made by defendant for the accommodation of Tesson & Son. When the last-named note fell due, the maker, Berthold, failed to pay it, and the holders took their pay out of the proceeds of the note belonging to Sarpy. Sarpy was thus made to pay the debt of defendant, and now asks to be subrogated to the right of the holder of defendant’s note. This, stripped of the -unusual circumstances that surround it, is all there is of the case as presented. There is no question as to the plaintiff’s equity.- It would…
2Cases cited5 opinions
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