Allen v. Logan
Supreme Court of Missouri
Appeal from Jackson Circuit Court. — Hon. T. A. Gill, Judge. (1) Evidence to establish a resulting trust must be clear, strong and unequivocal. Woodford v. Stephens, 51 Mo. 443 : Modrell ?>. Riddle, 82 Mo. 36 ; Johnson v. Quarles, 46 Mo. 126; Baker v. Vining, 30 Me. 121; Ringo v. Richardson, 53 Mo. 394; Boyd r>. McLean, 1 Johns.
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Appeal from Jackson Circuit Court. — Hon. T. A. Gill, Judge. (1) Evidence to establish a resulting trust must be clear, strong and unequivocal. Woodford v. Stephens, 51 Mo. 443 : Modrell ?>. Riddle, 82 Mo. 36 ; Johnson v. Quarles, 46 Mo. 126; Baker v. Vining, 30 Me. 121; Ringo v. Richardson, 53 Mo. 394; Boyd r>. McLean, 1 Johns. Ch. 582; Forrester v. Scoville, 51 Mo. 268. (2) A partner can, if he chooses, borrow money on his own account for the use of the firm, and so apply it. He alone will be liable for the money borrowed. Wiggins v. Hammond, 1 Mo. 122. (1) The action being at law in…
1Opinion of the CourtSherwood, J.
In August, 1881, Joseph, Solomon and Louis P. Yail bought the land in controversy, two and one-fourth acres, now known as Logan’s First Addition to the City.of Kansas. The deed was made to them individually and not as partners. In June, 1882, Charles F. Link was approached by Louis P. Yail, and asked to lend him some money, Yail indicating to him the location of the property aforesaid, and saying that he owned it and wanted the money to pay his license, as he was about to engage in the saloon business, and did not wish to mortgage the property for so small a sum. *594Link thereupon, believing…
2Cases cited8 opinions
- Johnson v. QuarlesSupreme Court of Missouri · 1870
- Ringo v. RichardsonSupreme Court of Missouri · 1873
- Fitzgerald v. BarkerSupreme Court of Missouri · 1884
- Forrester v. ScovilleSupreme Court of Missouri · 1873
- Kennedy v. Estate of KennedySupreme Court of Missouri · 1874
3 more not listed; retrieve them via the Exa API.
3Cited by31 opinions
- Och v. Missouri, Kansas & Texas Railway Co.Supreme Court of Missouri · 1895
- Mathews v. SniggsSupreme Court of Oklahoma · 1919
- Union Pac. R. v. SyasCourt of Appeals for the Eighth Circuit · 1917
- Lins v. LenhardtSupreme Court of Missouri · 1895
- Lincoln Trust Co. v. NathanSupreme Court of Missouri · 1903
26 more not listed; retrieve them via the Exa API.