Barnett v. Kemp
Supreme Court of Missouri
Appeal from Pettis Circuit Court. — lion. Louis Hoffman, Judge. (1) In an action for an accounting, the principal has the burden of showing the amount received and not accounted for, but it is not necessary for the principal to prove that the agent has not accounted for money he is shown to have received. The burden is upon the agent to show that he has accounted. Young v. Powell, 87 Mo. 128; Carter v. Primm, 52 Mo. App. 102; Bunker v. Hibler, 49’ Mo.
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Appeal from Pettis Circuit Court. — lion. Louis Hoffman, Judge. (1) In an action for an accounting, the principal has the burden of showing the amount received and not accounted for, but it is not necessary for the principal to prove that the agent has not accounted for money he is shown to have received. The burden is upon the agent to show that he has accounted. Young v. Powell, 87 Mo. 128; Carter v. Primm, 52 Mo. App. 102; Bunker v. Hibler, 49’ Mo. App. 542; Anderson v. Bank, 4 N. D. 182; Marvin v. Brooks, 94 N. Y. 71; Bank v. Rawls, 7 Ga. 191, 50’ Am. Dec. 394. (2) An agent who fails to…
1Opinion of the Court
WALKER, J. —
This is a suit in equity for an accounting brought in the circuit court of Pettis county by the administrator of the estate of Sarah Kemp, deceased, against George W. Kemp, her son. On a hearing a judgment was rendered in favor of the defendant, from which the plaintiff appeals.
Pleading. Plaintiff in his petition, after the formal allegations as to his appointment, qualification, taking charge of the estate of Sarah Kemp, and £bat be is now acting as administrator of same, alleges that prior to the year 1887 one James Kemp died in Pettis county, leaving a large amount *143of property;…
2Cases cited12 opinions
- Western Land Ass'n v. BanksSupreme Court of Minnesota · 1900
- Des Allemands Lumber Co. v. Morgan City Timber Co.Supreme Court of Louisiana · 1905
- Thompson v. LindsaySupreme Court of Missouri · 1912
- Donovan v. GriffithSupreme Court of Missouri · 1908
- Freeland v. WilliamsonSupreme Court of Missouri · 1909
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3Cited by14 opinions
- Smith v. StrockIndiana Court of Appeals · 1945
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- Singletary v. MannSupreme Court of Florida · 1946
- State Ex Rel. Fitzhugh v. City Council of City of Hot SpringsNew Mexico Supreme Court · 1952
- Haid v. PrendivilleSupreme Court of Missouri · 1922
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