Kane v. Kane's Administrator
Supreme Court of Missouri
Appeal from St. Louis City Girctiit Court. — Hon. Jacob Klein, Judge. (1) The-trustee is to be charged with all the rents she received, or that, by a reasonable degree of diligence, she might have received, and having failed to pay them over to the cestui que trust, she should be charged with interest. 2 Beach on Trustees, sec. 507. (2) A decree should be rendered here in favor of plaintiff for the rents at the rate of, at least, $8 per month from June 17, 1869, to November,…
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Appeal from St. Louis City Girctiit Court. — Hon. Jacob Klein, Judge. (1) The-trustee is to be charged with all the rents she received, or that, by a reasonable degree of diligence, she might have received, and having failed to pay them over to the cestui que trust, she should be charged with interest. 2 Beach on Trustees, sec. 507. (2) A decree should be rendered here in favor of plaintiff for the rents at the rate of, at least, $8 per month from June 17, 1869, to November, 1888, with compound interest; amounting to $3,185.50. Bobb v. Bobb, 89 Mo. 411.
1Opinion of the Court
Matí.sha.TíTí, J.
This case is the aftermath of the case of Price v. Kane, 112 Mo. 412. Plaintiff and Elizabeth J. Kane were .husband and wife. They had a house and lot in St. Louis, in which she lived, and he stayed when he was in St. Louis, which was very rarely, as he was a horse trader and spent most of his time in the South.
On June 16, 1869, during his absence, Mrs. Kane purchased the property adjoining her house, and it was deeded to her, but paid for by him. • On November 8, 1888, she died intestate, and her heirs brought ejectment against her husband for both lots. The result was a…
2Cases cited3 opinions
- Cruce v. CruceSupreme Court of Missouri · 1884
- Price v. KaneSupreme Court of Missouri · 1892
- Vineyard v. LynchSupreme Court of Missouri · 1885
3Cited by5 opinions
- Simmons v. FridaySupreme Court of Missouri · 1949
- Ferguson v. ComfortMissouri Court of Appeals · 1911
- Germo Manufacturing Co. v. CombsSupreme Court of Missouri · 1921
- Burnham v. GrantColorado Court of Appeals · 1912
- Burnham v. GrantColorado Court of Appeals · 1912