Deming Co. v. Webb
Missouri Court of Appeals
Appeal from the St. Louis City Circuit Court. — Hon. John A. Talty, Judge. The relation that existed under the contract was that of trustee and cestui que trust and not debtor and creditor. Until the actual delivery of the note mentioned in the contract, the trust continued, and the Deming Company was entitled to follow the proceeds of the sales into the hands of the assignee. Berry v. Allen, 59 111. App. 149; Habler v. Luttgin, 37 N. Y. Sup. 794, 2 App.
Read the full summary
Appeal from the St. Louis City Circuit Court. — Hon. John A. Talty, Judge. The relation that existed under the contract was that of trustee and cestui que trust and not debtor and creditor. Until the actual delivery of the note mentioned in the contract, the trust continued, and the Deming Company was entitled to follow the proceeds of the sales into the hands of the assignee. Berry v. Allen, 59 111. App. 149; Habler v. Luttgin, 37 N. Y. Sup. 794, 2 App. Div. 390; Moore v. Hildebrand, 37 Hun. (N. Y.) 491; Norton v. Milick, 66N. W. Rep. 780; Bayliss v. Davis, 47 Iowa, 340; Eldridge v. Benson,…
1Opinion of the CourtBland, J.
On the sixteenth of February, 1894, the respondent an Ohio corporation, engaged in manufacturing pumps and pump handles, made a contract with the Albert Webb Supply Company, a Missouri corporation, the material parts of which are as follows :
“That for and in consideration of the covenants and agreements herein contained to be well and faithfully performed by the party of the second part, the party of the first part hereby appoints said second party sole agent for the sale of their pumps, pump cylinders and fixtures in the city of St. Louis, Mo., for term of three years from this date.
“First.…
2Cases cited14 opinions
- Harrison v. SmithSupreme Court of Missouri · 1884
- Nanson v. JacobSupreme Court of Missouri · 1887
- Butler v. LawsonSupreme Court of Missouri · 1880
- Patterson v. BoothSupreme Court of Missouri · 1890
- Trustees of General Assembly of the Presbyterian Church v. McElhinneySupreme Court of Missouri · 1876
9 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- State Ex Rel. Cockrum v. SouthernMissouri Court of Appeals · 1935