Beagles v. Robertson
Missouri Court of Appeals
Error to Audrain Circuit Court. — Eon. Jas. D. Barnett, Judge. (1) The burden of proving fairness and honesty of transactions between an attorney and his client is on the attorney. Barrett v. Ball, 101 Mo. App. 288;. French v. Cunningham, 149 Ind. 637, 49 N. E. 797; Bingham v. Saline, 3 Am. St. 152; Darlington’s Estate, 30 Am. St. 776; Elmore v. Johnson, 36 Am. St. 401; Cossem v. Herestis,- 94 Am. St. 160; Lawson on Contracts. (2 Ed.), pages 313, 314 and 318; 3 Am. and Eng.
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Error to Audrain Circuit Court. — Eon. Jas. D. Barnett, Judge. (1) The burden of proving fairness and honesty of transactions between an attorney and his client is on the attorney. Barrett v. Ball, 101 Mo. App. 288;. French v. Cunningham, 149 Ind. 637, 49 N. E. 797; Bingham v. Saline, 3 Am. St. 152; Darlington’s Estate, 30 Am. St. 776; Elmore v. Johnson, 36 Am. St. 401; Cossem v. Herestis,- 94 Am. St. 160; Lawson on Contracts. (2 Ed.), pages 313, 314 and 318; 3 Am. and Eng. Ency. Law (2 Ed.), p. 333; 2 Clark & Sky les on Agency, p. 1483, sec. 675; Burnham v. Heselton, 82 Me. 495, 20 Atl. 80;…
1Opinion of the CourtGoode, J.
(after stating the facts). — We have stated fully the substance of the pleadings in this case because, as it went off on a demurrer to plaintiff’s evidence, in order to determine whether or not a prima facie case was established on the issues of fact between the parties, it is essential to know on what facts issues were joined and what were either admitted or stated alike by both parties. Both alleged the money in controversy came into defendant’s hands in his capacity of attorney for plaintiff in certain litigation. The petition charges a breach of defendant’s duty as attorney, in that he…
2Cases cited14 opinions
- Mansur v. BottsSupreme Court of Missouri · 1883
- Peltz v. EicheleSupreme Court of Missouri · 1876
- Lewis v. PitmanSupreme Court of Missouri · 1890
- Taylor v. St. Louis Transit Co.Supreme Court of Missouri · 1906
- Moore v. WingateSupreme Court of Missouri · 1873
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3Cited by10 opinions
- Kisling v. MFA Mutual Insurance CompanyMissouri Court of Appeals · 1966
- American Surety Co. v. Fruin-Bambrick Construction Co.Missouri Court of Appeals · 1914
- Calvert v. StonerCalifornia Supreme Court · 1948
- Bybee v. S'rencoSupreme Court of Missouri · 1927
- Wright v. Kansas City, Ft. Scott & Memphis Railway Co.Missouri Court of Appeals · 1910
5 more not listed; retrieve them via the Exa API.