Campbell v. Hayden
Missouri Court of Appeals
Appeal from Pike Circuit Court. — No». B. H. Dyer, Judge. (1) The evidence fails to show any contract made between defendants and deceased in Montana, and fails to show a gift-and delivery of decedent’s money or property in Montana, as alleged in defendants ’ answer.
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Appeal from Pike Circuit Court. — No». B. H. Dyer, Judge. (1) The evidence fails to show any contract made between defendants and deceased in Montana, and fails to show a gift-and delivery of decedent’s money or property in Montana, as alleged in defendants ’ answer. Walker v. Boknannan, 243 Mo. 119. (2) Having accepted the power of attorney from the deceased, the defendants became trustees of an express trust and the burden of showing a subsequent valid acquisition of the money collected by them thereunder devolved on defendants. All the money gained by defendants by means of their fiduciary…
1Opinion of the CourtReynolds, P. J.
This is the second appeal of this case. It was here before on the appeal of defendants from an order of the circuit court sustaining a motion for a new trial, a verdict in favor of defendants having been returned. Our court affirmed the action of the trial court. [See Campbell, Admr., v. Hayden et al., 164 Mo. App. 252, 105 S. W. 101.] In sustaining the motion for a new trial and setting aside the verdict rendered in the first trial, the circuit court assigned no grounds for its action. Two of the errors assigned in the motion for new trial were that the verdict was against the weight of the…
2Cases cited3 opinions
- Walker v. BohannanSupreme Court of Missouri · 1912
- McFarland v. United States Mutual Accident Ass'nSupreme Court of Missouri · 1894
- Campbell v. HaydenMissouri Court of Appeals · 1912
3Cited by1 opinion
- Reynolds v. ArnoldSupreme Court of Missouri · 1969