Legal Opinion

State ex rel. Ridge v. Shoemaker

Supreme Court of Missouri

Decided May 16, 1919Published

Appeal from Jackson Circuit court. — Hon. Daniel E. Bird, Judge. (1) Anyone who holds something for the benefit of another, and is charged with some fiduciary duties in relation thereto, is a trustee, and the defendant Shoemaker, as clerk, was a trustee for the beneficiary of the fund. Perry on Trusts (6 Ed.), sees. 454, 470, 471; Bent v. Priest, 86 Mo. 482; Landis v. Saxton, 89 Mo. 382j ' Jones v. Byrne, 149 Fed. 463; McKeigue v. C. & Mo.

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Appeal from Jackson Circuit court. — Hon. Daniel E. Bird, Judge. (1) Anyone who holds something for the benefit of another, and is charged with some fiduciary duties in relation thereto, is a trustee, and the defendant Shoemaker, as clerk, was a trustee for the beneficiary of the fund. Perry on Trusts (6 Ed.), sees. 454, 470, 471; Bent v. Priest, 86 Mo. 482; Landis v. Saxton, 89 Mo. 382j ' Jones v. Byrne, 149 Fed. 463; McKeigue v. C. & Mo. Eailroad, 11 L. E. A. (N. S.) 151. (2) The money was paid to the defendant Shoemaker as clerk, for the use and benefit of relator Eidge, and even though…

1Opinion of the Court

RAILEY, C.

Respondent James B. Shoemaker was elected Circuit Clerk of Jackson County, Missouri, at the general election in November, 1910, and took charge of that office on January 3, 1911, having, on December 19, 1910, given an official bond, with his co-respondent, the Globe Surety Company, as surety, in the sum of $40,000, conditioned as. required by law. This action was brought by relator against said respondents on the above bond, and is based on alleged breaches thereof as follows, to-wit: 1st. That respondent Shoemaker *143had the beneficial use of a certain deposit, hereafter mentioned,…

Also in this document: Per curiam.

2Cases cited3 opinions

  1. Tebeau v. RidgeSupreme Court of Missouri · 1914
  2. Bassett v. KinneySupreme Court of Connecticut · 1855
  3. Snyder v. CowanSupreme Court of Missouri · 1894

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