Ware v. Spinney
Supreme Court of Kansas
Error from Shawnee district court; Alston W. Dana, judge. STATEMENT. This is an action to recover $2500 given by Edmund C.'Spinney to M. Ware for the alleged purpose of paying the necessary expenses incident to the convening of the board of directors of the National Aid Association, but which, it was alleged, was not used for that purpose and Ware had refused to account for or return upon demand.
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Error from Shawnee district court; Alston W. Dana, judge. STATEMENT. This is an action to recover $2500 given by Edmund C.'Spinney to M. Ware for the alleged purpose of paying the necessary expenses incident to the convening of the board of directors of the National Aid Association, but which, it was alleged, was not used for that purpose and Ware had refused to account for or return upon demand. Ware’s answer was a general denial'. On the trial it was shown that $150 was first paid, and later a payment of $2350 was made, when the following receipt was given: “Topeka, Kan., October 25,1901.…
1Opinion of the Court
*294The opinion of the court was delivered by
Johnston, C. J.:
The error assigned by Ware is that the judgment of the trial court was against the law and the evidence and contrary to the findings made by the court itself. It is insisted that the evidence, written or oral, shows Ware to have been acting in a fiduciary capacity; that the money was paid to him to induce a violation of a trust; and that even if the $2500 was given to Ware as Spinney’s agent to pay the expenses of the consolidation of the fraternal organizations it was still part of a contract wherein $10,000 was agreed to be paid to…
2Cases cited11 opinions
- Spring Co. v. KnowltonSupreme Court of the United States · 1881
- Wassermann v. SlossCalifornia Supreme Court · 1897
- Peters v. GrimSupreme Court of Pennsylvania · 1892
- Clarke, Harrison & Co. v. BrownSupreme Court of Georgia · 1886
- Kiewert v. RindskopfWisconsin Supreme Court · 1879
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3Cited by3 opinions
- Carey v. MyersSupreme Court of Kansas · 1914
- McDuffee v. Hayden-Coeur D'Alene Irrigation Co.Idaho Supreme Court · 1913
- Gilchrist v. HatchIndiana Supreme Court · 1914