Kitchen v. Rayburn
Supreme Court of the United States
Appeal from the Circuit Court for the District of Missouri, in h Inch court Solomon Kitchen filed a bill against W. C. Rayburn, charging a breach of trust in appropriating to his own use the proceeds of certain bonds put into his hands, as the bill alleged, to sell for another purpose. The ease was thus: Kitchen, president of the Cairo and Fulton Ráilroad Company, owning in his own right a valuable tract of land in.
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Appeal from the Circuit Court for the District of Missouri, in h Inch court Solomon Kitchen filed a bill against W. C. Rayburn, charging a breach of trust in appropriating to his own use the proceeds of certain bonds put into his hands, as the bill alleged, to sell for another purpose. The ease was thus: Kitchen, president of the Cairo and Fulton Ráilroad Company, owning in his own right a valuable tract of land in. Missouri, containing 2200 acres, and called the St. Luke lands, agreed to sell one-half of it to Rayburn, a farmer, for a price fixed on. Rayburn accordingly paid him the amount,…
1Opinion of the CourtJustice Strong
It is impossible to separate the receipt which Rayburn gave for the one hundred and nineteen bonds from the arrangement by which he gave up his title to the moiety of the St. Luke lands, and the engagement of Kitchen to secure to him $10,000, the understood value of the lands.' They are all parts of one transaction. The assent of Rayburn to a rescission of the contract by which he had become the equitable owner of that moiety, the acceptance of some of the bonds as security for payment of the consideration for the surrender, and the undertaking to invest the remaining bonds in the purchase of…
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- Ford v. Buffalo Eagle Colliery Co.Court of Appeals for the Fourth Circuit · 1941
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