Legal Opinion

State ex rel. Kennan v. Fidelity & Deposit Co.

Missouri Court of Appeals

Decided April 15, 1902PublishedCited by 6 opinions

Appeal from Audrain Circuit Court. — Hon. Elliott M. Hughes, Judge. (1) And a part of the mortgage indebtedness being thus void so 'far as the security was concerned, the entire mortgage was vitiated. State to use v. Hope, 102 Mo. 410; Boland v. Eoss, 120 Mo. 208; Gregory v. Sitlington, 54 Mo. App. 60; Ball v. O’Neill, 64 Mo. App. 388; Lumber Co. v. Mining Co., 78 Mo.

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Appeal from Audrain Circuit Court. — Hon. Elliott M. Hughes, Judge. (1) And a part of the mortgage indebtedness being thus void so 'far as the security was concerned, the entire mortgage was vitiated. State to use v. Hope, 102 Mo. 410; Boland v. Eoss, 120 Mo. 208; Gregory v. Sitlington, 54 Mo. App. 60; Ball v. O’Neill, 64 Mo. App. 388; Lumber Co. v. Mining Co., 78 Mo. App. 676. (2) The relationship of attorney and client is one of trust and confidence, and dealings between them are carefully watched and guarded the same as that of guardian and ward. 3 Am. and Eng. Eney. Law (2 Ed.), 334-335;…

1Opinion of the CourtBland, P. J.

Appellants are a mercantile firm doing business in the city of St. Joseph, Missouri. The respondent is an attorney at law residing at Laddonia, Audrain county, Missouri. J. G. Harley and M. G. Harley, composing the firm of J. G. Harley & Company, on and prior to January, 1900, were doing a small general mercantile business at the town of Laddonia and were, prior to January, 1900, indebted to the appellants in the sum of four hundred and fifteen dollars. On or about the third day of February, 1900, appellants, through their attorney, J. F. Woodson, at St. Joseph, transmitted their account…

2Cases cited9 opinions

  1. Christian v. Connecticut Mutual Life InsuranceSupreme Court of Missouri · 1898
  2. Rock Island National Bank v. PowersSupreme Court of Missouri · 1896
  3. Carson v. SmithSupreme Court of Missouri · 1896
  4. State ex rel. Mayer v. O'NeillSupreme Court of Missouri · 1899
  5. Bauer Grocery Co. v. SmithMissouri Court of Appeals · 1898

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3Cited by6 opinions

  1. Byers Bros. Real Estate & Insurance Agency, Inc. v. CampbellMissouri Court of Appeals · 1961
  2. Bathe v. Metropolitan Life InsuranceMissouri Court of Appeals · 1910
  3. Cunningham v. G. F. C. Corp.Court of Appeals of Tennessee · 1951
  4. Link v. JacksonMissouri Court of Appeals · 1912
  5. Geary v. St. Louis & San Francisco RailroadMissouri Court of Appeals · 1913

1 more not listed; retrieve them via the Exa API.

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