Judy v. Farmers & Traders' Bank
Supreme Court of Missouri
Appeal from Audrain Circuit Court.—IIon. Elijah Robinson, Judge. In chancery cases this court will review the evidence upon which the finding and judgment of the trial court was made, and reverse, affizin or modify the same according to equity. Mingo v. Michardson, 53 Mo. 385 ; Moore v. Wingate, 53 Mo. 398; Freeman v. WUJcerson, 50 Mo. 554, The evidence fails to show that any trust was ever created, or that the hank ever agreed to accept the money and pay the Dyson note.
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Appeal from Audrain Circuit Court.—IIon. Elijah Robinson, Judge. In chancery cases this court will review the evidence upon which the finding and judgment of the trial court was made, and reverse, affizin or modify the same according to equity. Mingo v. Michardson, 53 Mo. 385 ; Moore v. Wingate, 53 Mo. 398; Freeman v. WUJcerson, 50 Mo. 554, The evidence fails to show that any trust was ever created, or that the hank ever agreed to accept the money and pay the Dyson note. An express trust can only he created hy an express agreement between the parties. They are created by the direct or express…
1Opinion of the CourtHenry, J.
Plaintiff filed his petition in the Audrain circuit court, alleging that, on the 14th of October, 1872, the plaintiff’ borrowed of one Dyson $2,000 for three years, and executed his note of that date, payable three years after, with ten per cent interest per annum compounded annually, and a deed of trust conveying about 1,000 acres of land, as security therefor. About the 1st of January, 1875, he applied to Cassidy to borrow for a term of years $5,000, and proposed to secure it by a deed of trust on the same land, to which Cassidy assented, on the condition that out of the money so borrowed,…
2Cited by7 opinions
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- Walters Nat. Bank v. BantockSupreme Court of Oklahoma · 1913
- Butler County v. Boatmen's BankSupreme Court of Missouri · 1898
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