Vogelsong v. St. Louis Wood Fibre Plaster Co.
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — Hon. Jas. E. Withrow, Judge. (1) Wherever one person is placed in such a relationship to another, by the act or consent of the- other, or by the act of a third person or the law, that he becomes interested for him or interested with him in any subject of property or. business, he is prohibited from acquiring rights antagonistic to the persons with whose interests he has become associated. Barrie v. Railroad, 138 Mo.
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Appeal from St. Louis City Circuit Court. — Hon. Jas. E. Withrow, Judge. (1) Wherever one person is placed in such a relationship to another, by the act or consent of the- other, or by the act of a third person or the law, that he becomes interested for him or interested with him in any subject of property or. business, he is prohibited from acquiring rights antagonistic to the persons with whose interests he has become associated. Barrie v. Railroad, 138 Mo. App. 557; American Notes to Keeeh v. Sand-ford, 1 White & Tnd. Gas. in Equity, 4 Am. Ed., p. 62, *58; Trice v. Comstock, 121 Fed. Rep.…
1Opinion of the CourtReynolds, P. J.
(after stating the facts).— The petition is addressed “To the Honorable Judge of the Circuit Court, City of St. Louis, State of Missouri, in Chancery sitting.” We have long since abandoned in this State the old form of a bill in equity. Our statute (Revised Statutes 1899', sec. 592) providing that the first pleading on the part of the plaintiff is the petition, prescribes what it shall contain, the third requisite being that it shall contain £ ‘ a demand of the relief to which the plaintiff may suppose himself entitled. If the recovery of money be demanded, the amount thereof shall be stated,…
2Cases cited9 opinions
- McCourt v. Singers-BiggerCourt of Appeals for the Eighth Circuit · 1906
- Barrie v. United Railways Co.Missouri Court of Appeals · 1909
- Berthold v. Holladay-Klotz Land & Lumber Co.Missouri Court of Appeals · 1901
- Eck ex rel. Taylor v. HatcherSupreme Court of Missouri · 1874
- Rush v. BrownSupreme Court of Missouri · 1890
4 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- State Ex Rel. Schlueter Manufacturing Co. v. BeckSupreme Court of Missouri · 1935
- Phillips v. JacksonSupreme Court of Missouri · 1912
- State Ex Rel. Cockrum v. SouthernMissouri Court of Appeals · 1935
- Marshall v. RoweNebraska Supreme Court · 1934
- McLure v. National Bank of Commerce of St. LouisSupreme Court of Missouri · 1913
5 more not listed; retrieve them via the Exa API.