Green v. Whaley
Supreme Court of Missouri
Appeal from Lawrence Circuit Court. — Hon. Carr Mc-Natt, Judge. (1) The conduct and admission of David J. Green at the very time the method of loaning the money was being agreed upon, and Ms statements, conduct and declarations while it was being loaned, conclusively show that the fund belonged absolutely to Edward, and that David- had no interest in it.
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Appeal from Lawrence Circuit Court. — Hon. Carr Mc-Natt, Judge. (1) The conduct and admission of David J. Green at the very time the method of loaning the money was being agreed upon, and Ms statements, conduct and declarations while it was being loaned, conclusively show that the fund belonged absolutely to Edward, and that David- had no interest in it. There was therefore no evidence in support of the defendant’s defense in this respect and the court erred in finding that the loans were made from their joint funds. Willoughby v. Hildreth, 182 Mo. App. 80; 30 Cyc. 42, 403-410; Gate-wood v.…
1Opinion of the Court
WHITE, C.
This is the second appearance of this case in this court. The opinion on the former appeal was reported in 258 Mo. 530. The action was brought by Edward Green, in seven counts, to recover the proceeds of certain notes found among the papers and assets of his brother David J. Green on the latter’s death, which notes the plaintiff claimed belonged to him by reason of an agreement made with his brother whereby said notes should become the property of the survivor of the two brothers on the death of the other.
On the former appeal this court held that a case was not made out for money had…
2Cases cited31 opinions
- Sharkey v. McDermottSupreme Court of Missouri · 1887
- Sutton v. HaydenSupreme Court of Missouri · 1876
- Scott v. Parkview Realty & Improvement Co.Supreme Court of Missouri · 1912
- Thompson v. BowmanSupreme Court of the United States · 1867
- Wright v. TinsleySupreme Court of Missouri · 1860
26 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Plemmons v. PembertonSupreme Court of Missouri · 1940
- Blue Valley Creamery Co. v. Consolidated Products Co.Court of Appeals for the Eighth Circuit · 1936
- Pelton's Exr. v. DumasSupreme Court of Vermont · 1951
- McGuire v. HutchisonMissouri Court of Appeals · 1948
- Kansas City Life Insurance v. RaineySupreme Court of Missouri · 1944
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