Marmon v. Waller
Missouri Court of Appeals
Appeal from the Platte Circuit Court. — Hon. James M. Sandusky, Judge. (1) We insist that the evidence in this case discloses the fact that the statement mailed to the deceased by defendant was not a final settlement of all matters between them; that it was only a statement of how the ■cash account stood at that day — and that Waller continued in his capacity of trustee of the funds, as agent of decedent after that date, the same as before.
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Appeal from the Platte Circuit Court. — Hon. James M. Sandusky, Judge. (1) We insist that the evidence in this case discloses the fact that the statement mailed to the deceased by defendant was not a final settlement of all matters between them; that it was only a statement of how the ■cash account stood at that day — and that Waller continued in his capacity of trustee of the funds, as agent of decedent after that date, the same as before. (2) For Waller’s services in taking charge of those funds, and in handling them, he was entitled to compensation. Dougherty v. Whitehead, 31 Mo. 255;…
1Opinion of the CourtSmith, P. J.
— The plaintiffs, who are the executors of the estate of John H. Marmon, deceased, sued the defendant for $1235.60 based on the following writing as an account stated: “This is to certify that J. H. Marmon and myself have this • * * * settled our accounts, and I find I, E. 0. Waller, owe J. H. Marmon $1284.07 on the first day of January, 1887, and J. H. Marmon owes me (E. 0. Waller) $48.47, leaving balance due J. H. Marmon, January 1, 1887, $1235.60. This settlement is correct according to our understanding at this time, but should anything occur we are amicably to settle it.” On the back of…
2Cases cited11 opinions
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- Powell v. Pacific RailroadSupreme Court of Missouri · 1877
- Hawkins Co. v. . LongSupreme Court of North Carolina · 1876
- Kronenberger v. BinzSupreme Court of Missouri · 1874
- Cape Girardeau & State Line Railroad v. KimmelSupreme Court of Missouri · 1874
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