Carroll v. Woods
Missouri Court of Appeals
Appeal from Jackson Circuit Count. — Hon. Henry L.. McCune, Judge. (1) Mr. Carroll, the respondent, cannot maintain this suit, regardless of what conversation took place in regard to the $4,000 at the meeting held on the 30th of November, 1900. State ex rel. v. Hawes, 177 Mo. 380; Rector v. Albers, 174 Mo. 331. (2) Even if a trust of this kind could be established by. parol, the evidence to establish it should be so clear, strong and unequivocal as to leave no room for a…
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Appeal from Jackson Circuit Count. — Hon. Henry L.. McCune, Judge. (1) Mr. Carroll, the respondent, cannot maintain this suit, regardless of what conversation took place in regard to the $4,000 at the meeting held on the 30th of November, 1900. State ex rel. v. Hawes, 177 Mo. 380; Rector v. Albers, 174 Mo. 331. (2) Even if a trust of this kind could be established by. parol, the evidence to establish it should be so clear, strong and unequivocal as to leave no room for a reasonable doubt as to the facts relied on. Johnson v. Quarles, 46 Mo. 423; Forester v. Scoville, 51 M'o. 268; Ringo v.…
1Opinion of the CourtJohnson, J.
Plaintiff, claiming to be tbe trustee of an express trust, sues to recover a part of the trust fund which, he alleges, is in the possession of defendants and is being wrongfully detained by them. He had judgment in the court below and the case is here on the appeaL of defendants.
The evidence introduced by plaintiff discloses the following state of facts': In 1899, O. E. Doyle, a cattle man doing an extensive business in western Kansas, obtained at various times a number of loans from the Globe Live Stock Commission Company, a brokerage concern at Kansas City. In each instance, he gave his…
2Cases cited10 opinions
- James v. Mutual Reserve Fund Life Ass'nSupreme Court of Missouri · 1899
- Jones v. Kansas City, Fort Scott & Memphis RailroadSupreme Court of Missouri · 1903
- State ex inf. Crow v. Continental Tobacco Co.Supreme Court of Missouri · 1903
- City of St. Louis v. Laclede Gas Light Co.Supreme Court of Missouri · 1900
- Rector of Mount Calvary Church v. AlbersSupreme Court of Missouri · 1903
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3Cited by1 opinion
- Wiehtuechter ex rel. American International Musical & Theatrical Union, Local No. 2 v. MillerSupreme Court of Missouri · 1918