Mason v. Bank of Commerce
Missouri Court of Appeals
Error to the St. Louis Circuit Court, Thayer, J. Under the circumstances given in evidence by Wherry, the note was taken out of the category of ordinary commercial paper. — Renshaw v. Wills, 38 Mo. 201; Third National Bank v. Lange, 51 Md. 138; Shaw v. Spencer, 100 Mass. 382; Duncan v. Jaudon, 15 Wall. 173-175. If a man knows that the legal-estate is in a third person at the time he purchases, he is bound to notice the terms and extent of the trust. — 2 Sudg. on Vend. 542;…
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Error to the St. Louis Circuit Court, Thayer, J. Under the circumstances given in evidence by Wherry, the note was taken out of the category of ordinary commercial paper. — Renshaw v. Wills, 38 Mo. 201; Third National Bank v. Lange, 51 Md. 138; Shaw v. Spencer, 100 Mass. 382; Duncan v. Jaudon, 15 Wall. 173-175. If a man knows that the legal-estate is in a third person at the time he purchases, he is bound to notice the terms and extent of the trust. — 2 Sudg. on Vend. 542; Christmas v. Mitchell, 3 Ir. Ch. 535; Hall v. Smith, 14 Ves. jr. 432; The United States v. Sturges, 1 Paine, 535; Renshaw…
1Opinion of the CourtThompson, J.
Wherry was trustee under Julia G. Cabanne’s will. The nature of the trust was expressed in the following language : “ First, to permit my said son Julius to use and enjoy the said property and take the rents, issues and profits thereof as long as he shall live; and, second, if he die, and his wife, Ann Stella, survives him, to permit the said Ann Stella to use and enjoy the said property, and to take the rents, issues and profits thereof as long as she shall live and remain the widow of the said Julius ; aud, third, after the death of the said Julius, and the death or marriage of the said Ann…
2Cases cited11 opinions
- Swift v. TysonSupreme Court of the United States · 1842
- Goodman v. SimondsSupreme Court of the United States · 1858
- Shaw v. SpencerMassachusetts Supreme Judicial Court · 1868
- Hamilton v. MarksSupreme Court of Missouri · 1876
- Field v. SchieffelinNew York Court of Chancery · 1823
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3Cited by8 opinions
- Payne v. First National BankMissouri Court of Appeals · 1891
- German American Bank v. Carondelet Real Estate Co.Supreme Court of Missouri · 1899
- Marshall v. MeyersMissouri Court of Appeals · 1902
- Cloud v. International Book & News Co.Missouri Court of Appeals · 1886
- Whaley v. NeillMissouri Court of Appeals · 1891
3 more not listed; retrieve them via the Exa API.