Beck v. Krembs
Missouri Court of Appeals
Appeal from the Circuit Court of the City of St. Louis. —Hon. George H. Shields, Judge. (1) An agent or trustee is bound to keep the property of his principal separate from his own.
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Appeal from the Circuit Court of the City of St. Louis. —Hon. George H. Shields, Judge. (1) An agent or trustee is bound to keep the property of his principal separate from his own. If he mixes it up with his own the whole will be taken both at law and in equity to be the property of the principal unless the evidence puts the subject-matter under such circumstances that it may be distinguished as satisfactorily as it might have been before the unau-thoried mixture on his part. la other words, the agent is put to the necessity of showing clearly what part of the property belongs to him and so…
1Opinion of the CourtReynolds, P. J.
— This is a suit in equity to establish a claim for $3500 and interest against the es*700tate of Herman J. Krembs, deceased, and for a decree ordering the payment of the claim ont of the assets of the estate in preference to the general creditors.
Herman J. Krembs, Sr., a real estate agent, had been acting as such for plaintiff, Mrs. Bertha Beck, and in the course of his dealings with her, about November 3, 1914, had in his hands $1648 of money, which he had collected for her on an outstanding deed of trust, that including principal and interest. At the same time he also had in his hands of her…
2Cases cited6 opinions
- Paul v. DraperSupreme Court of Missouri · 1900
- Evangelical Synod of North America v. SohoeneichSupreme Court of Missouri · 1898
- Tufts v. LatshawSupreme Court of Missouri · 1903
- Bircher v. WaltherSupreme Court of Missouri · 1901
- Pearson v. HaydelMissouri Court of Appeals · 1901
1 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Benz v. PowellSupreme Court of Missouri · 1936
- Horigan Realty Co. v. FlynnMissouri Court of Appeals · 1923
- Nelson v. Estate of Clair F. McCleanMissouri Court of Appeals · 1942
- Bartholomy v. HarrisonMissouri Court of Appeals · 1934