Legal Opinion

Brown v. Merchant's Bank

Missouri Court of Appeals

Decided May 4, 1896PublishedCited by 2 opinions

Appeal from the Hickory Circuit Court. — Hon. Argus Cox, Judge. The evidence shows that James H. Nunn was the agent of Brown, the plaintiff, in paying to each one of the heirs the amount due them on sale of the land. Brown was purchaser of all the interests in the land in controversy, and Nunn, as his agent, at the request of Jones, mortgagor, paid Jones’ share of the money to Daniels, agent for the St. Clair County Bank.

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Appeal from the Hickory Circuit Court. — Hon. Argus Cox, Judge. The evidence shows that James H. Nunn was the agent of Brown, the plaintiff, in paying to each one of the heirs the amount due them on sale of the land. Brown was purchaser of all the interests in the land in controversy, and Nunn, as his agent, at the request of Jones, mortgagor, paid Jones’ share of the money to Daniels, agent for the St. Clair County Bank. Brown is entitled to be subrogated to all rights of A. A. Crouch or the St. Clair County Bank, to the amount of $560; the amount paid by him to the St. Clair County Bank on…

1Opinion of the CourtGill, J.

In April, 1891, Benjamin T. Morris died, leaving considerable property,, real and personal, among which was a farm in Hickory county, Missouri, which by will he devised, in equal shares, to his four children, and one A. D. Jones, his stepson. At this time and subsequently, Jones seems to have been largely indebted — that is, to the St. Clair County Bank at Osceola, $1,200 or more, and to the Merchants Bank at Appleton City, in the sum of $3,700. On May 21, 1891, Jones executed, acknowledged and delivered to'the St. Clair County Bank, an instrument which purported to assign and convey to said…

2Cases cited3 opinions

  1. Bunn v. LindsaySupreme Court of Missouri · 1888
  2. Norton v. HighleymanSupreme Court of Missouri · 1886
  3. Kleimann v. GeiselmannMissouri Court of Appeals · 1891

3Cited by2 opinions

  1. United States Fidelity & Guaranty Co. v. Foskett-Kessner Feed Co.Missouri Court of Appeals · 1903
  2. Lemmon v. LincolnMissouri Court of Appeals · 1896

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