Hammond's Administratrix v. Cadwallader
Supreme Court of Missouri
Appeal from Jefferson Circuit Court. The petition in this case sets forth substantially that John Hammond, plaintiff’s intestate, became one of the securities of Eli Cadwallader on his bond as guardian of certain minor children; that said Eli died indebted as guardian to said minors in about the sum of $283.72, and did not leave personal property enough to pay his debts; that all the real estate he owned was a certain, tract of one hundred and sixty acres ; that this land…
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Appeal from Jefferson Circuit Court. The petition in this case sets forth substantially that John Hammond, plaintiff’s intestate, became one of the securities of Eli Cadwallader on his bond as guardian of certain minor children; that said Eli died indebted as guardian to said minors in about the sum of $283.72, and did not leave personal property enough to pay his debts; that all the real estate he owned was a certain, tract of one hundred and sixty acres ; that this land was encumbered with a mortgage in favor of defendant Isaac Cadwallader, which plaintiff is informed was actually satisfied…
1Opinion of the CourtNapton, Judge
The circumstances of this case are materially different from those of Rose v. Bates, 12 Mo. 30. That case proceeded altogether upon the ground of fraud, and it is one of a class of cases in which implied trusts, arising out of fraud, have been enforced notwithstanding the statute which required them to be in writing. The case 'of Brown v. Dyrenger, 1 Rawle, 413; McCulloch v. Cowhe, 5 W. & S. 431; Lees v. Nuttall, 1 Russell & Mylne, 53; Kisler v. Kisler, 2 Watts, 427, and Schmidt v. Gatewood, 2 Rich. Eq. 162, proceed upon the same ground. Where transactions have been tainted with bad faith,…
2Cases cited5 opinions
- Rose v. BatesSupreme Court of Missouri · 1848
- Robertson v. RobertsonSupreme Court of Pennsylvania · 1839
- Brown v. DysingerSupreme Court of Pennsylvania · 1829
- Haines v. O'ConnerSupreme Court of Pennsylvania · 1840
- Payne v. BennetSupreme Court of Pennsylvania · 1834
3Cited by4 opinions
- Ferguson v. RobinsonSupreme Court of Missouri · 1914
- Gates Hotel Co. v. C. R. H. Davis Real Estate Co.Supreme Court of Missouri · 1932
- Baier v. BerberichMissouri Court of Appeals · 1879
- Estate of Snook, Superior Court of California, County of San Francisco1897