Gerhardt v. Tucker
Supreme Court of Missouri
Appeal from Callaway Circuit Court. — Hon. John A. Hochaday, Judge. (1) The first question to be determined by the court is, was Bailey at any time acting as attorney for Tucker, and, as such attorney, were the communications made to him such as are privileged? Bailey could not be, at the same time, agent for Gerhardt and attorney for Tucker.
Read the full summary
Appeal from Callaway Circuit Court. — Hon. John A. Hochaday, Judge. (1) The first question to be determined by the court is, was Bailey at any time acting as attorney for Tucker, and, as such attorney, were the communications made to him such as are privileged? Bailey could not be, at the same time, agent for Gerhardt and attorney for Tucker. Two things are necessary to establish the relation of attorney and client: First, the agreement of the attorney to be an attorney for the party; and, second, the agreement of the party to have the other for his attorney. In support of our contention on…
1Opinion of the Court
VALLIANT, J. —
This is a suit in equity in which plaintiff seeks to have a deed, absolute on its face, decreed to be a mortgage.
The contract in question was made between the plaintiff and one W. B. Tucker, since deceased. The suit is against Daniel M. Tucker, brother and only heir-at-law of decedent, and administrator of his estate.
The petition states that prior to the execution of the deed in question, the date of which was August 1, 1898, the plaintiff was indebted to one Barton in the sum of $7,000, secured by a deed of trust on the land; also to the Callaway County Bank in the sum of…
2Cases cited4 opinions
- Jones v. RushSupreme Court of Missouri · 1900
- Reilly v. CullenSupreme Court of Missouri · 1900
- Lipscomb v. New York Life InsuranceSupreme Court of Missouri · 1897
- Axman v. SmithSupreme Court of Missouri · 1900
3Cited by9 opinions
- Goodbar & Co. v. BloomCourt of Appeals of Texas · 1906
- Trotter v. CarterSupreme Court of Missouri · 1944
- Brightwell v. McAfeeSupreme Court of Missouri · 1913
- Carson v. LeeSupreme Court of Missouri · 1920
- Lunsford v. DavisSupreme Court of Missouri · 1923
4 more not listed; retrieve them via the Exa API.