Marshall v. Ferguson
Missouri Court of Appeals
Appeal from the Butter Circuit Court. — Hon. John G. Wear, Judge. The only question presented by this record is, do the facts alleged entitle the plaintiff to relief? The plaintiff placed money in the hands of the defendant to he used for a specific purpose; the defendant received the money for the express purpose contemplated by the plaintiff; defendant diverted the money to another purpose and for his own benefit ; he took a mortgage securing a debt due him, paying our…
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Appeal from the Butter Circuit Court. — Hon. John G. Wear, Judge. The only question presented by this record is, do the facts alleged entitle the plaintiff to relief? The plaintiff placed money in the hands of the defendant to he used for a specific purpose; the defendant received the money for the express purpose contemplated by the plaintiff; defendant diverted the money to another purpose and for his own benefit ; he took a mortgage securing a debt due him, paying our money to buy that mortgage which secured his debt. The agent must be loyal to his principal, accounting to him alone; and…
1Opinion of the CourtBland, P. J.
The petition stripped of unnecessary verbiage in effect alleges, that plaintiff on May 7, 1896, loaned the defendant $218.45 to be loaned to one M. L. Freeman and wife, for which loan the Freeman’s should execute their promissory note to the defendant bearing eight per cent interest, and to become due November 1, 1896, and as security should execute a mortgage or deed of trust on lands (described in the petition), which note and mortgage when executed the defendant agreed to assign and deliver to the plaintiff; that defendant did make the loan, and take note and deed of trust, of the Freemans…
2Cases cited10 opinions
- Butts v. PhelpsSupreme Court of Missouri · 1883
- Young v. Shickle, Harrison & Howard Iron Co.Supreme Court of Missouri · 1890
- Donaldson v. County of ButlerSupreme Court of Missouri · 1889
- Hurst v. City of Ash GroveSupreme Court of Missouri · 1888
- Roberts v. WalkerSupreme Court of Missouri · 1884
5 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Philibert v. Benjamin Ansehl Co.Supreme Court of Missouri · 1938
- State ex rel. School District v. DelaneyMissouri Court of Appeals · 1906
- Maugh v. HornbeckMissouri Court of Appeals · 1903
- Marshall v. FergusonMissouri Court of Appeals · 1903