Berkshire v. Hoover
Missouri Court of Appeals
Appeal from Oass Circuit Court. — Hon. Wm. L.. Jarroii> Judge. (1) Tbe court should have given tbe declarations of law asked by plaintiff. (2) After misusing bis office to carry to bis pockets tbe money of bis late ward — money that be could not have otherwise obtained than as guardian — be should not be beard to say: “It is true I wrongfully, colon officii obtained tbe money, but will account for it only in my individual character.” Pombeck v. Bombeck, 18 Mo.
Read the full summary
Appeal from Oass Circuit Court. — Hon. Wm. L.. Jarroii> Judge. (1) Tbe court should have given tbe declarations of law asked by plaintiff. (2) After misusing bis office to carry to bis pockets tbe money of bis late ward — money that be could not have otherwise obtained than as guardian — be should not be beard to say: “It is true I wrongfully, colon officii obtained tbe money, but will account for it only in my individual character.” Pombeck v. Bombeck, 18 Mo. App. 34. (1) Respondent has a right to rely on bis judgment obtained in tbe trial court. It is tbe duty of appellant, not respondent,…
1Opinion of the CourtBroaddus, J.
On June 16, 1900, defendant' Hoover, curator, filed in tbe probate court bis exhibits for a final settlement of tbe estate of tbe plaintiff. At the August term of said court, tbe plaintiff objected to tbe proposed settlement and bad tbe case certified to tbe circuit court of tbe county on tbe grounds that tbe judge of tbe probate court was a material witness in the case. Tbe case was duly tried in tbe circuit court, where said proposed settlement was sustained, from which judgment sustaining said settlement tbe ■plaintiff has appealed.
Tbe plaintiff only attacks two items of credit set forth…
2Cases cited4 opinions
- Leabo v. GoodeSupreme Court of Missouri · 1877
- Howard v. JonesSupreme Court of Missouri · 1863
- State ex rel. Crider v. WagersMissouri Court of Appeals · 1892
- Berkshire v. HoverMissouri Court of Appeals · 1900
3Cited by1 opinion
- Golden City Banking Co. v. GreiselMissouri Court of Appeals · 1912