Landis v. Saxton
Supreme Court of Missouri
Appeal from Buchanan Circuit Court. (1) This action is brought under the provisions of section 2518, Revised Statutes of 1889. (2) The lower court erred in sustaining the demurrer to the petition, and in rendering judgment thereon against the plaintiff. “If one place money or property in the hands of another, to be kept safely and restored when demanded, this is a direct trust, to which the statute (limitations) will not apply.”
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Appeal from Buchanan Circuit Court. (1) This action is brought under the provisions of section 2518, Revised Statutes of 1889. (2) The lower court erred in sustaining the demurrer to the petition, and in rendering judgment thereon against the plaintiff. “If one place money or property in the hands of another, to be kept safely and restored when demanded, this is a direct trust, to which the statute (limitations) will not apply.” Angelí on Limitations [May’s Ed.] p. 170 ; St. Louis Co. v. King, 11 Pac. Rep. 178; Oliver v. Chence, 11 S. E. Rep. 655. The case stated in the petition is one of…
1Opinion of the CourtSherwood, P. J.
This action was brought in 1887. By it plaintiff seeks to recover from the defendant as the former secretary and treasurer of the St. Joseph Extension Company, organized in 1855, and which expired by the limitation of its charter in 1875, a certain sum of money alleged to have been received by him, during his term of office as such secretary and treasurer, to-wit, the sum of $10,000. Plaintiff sues as the last surviving director, alleging that all the rest, president and members of the board of directors, are dead; that no settlement was ever had with defendant for the moneys received by him…
2Cases cited6 opinions
- Kane v. BloodgoodNew York Court of Chancery · 1823
- Nanson v. JacobSupreme Court of Missouri · 1887
- Atchison, Topeka & Santa Fé Railroad v. Burlingame TownshipSupreme Court of Kansas · 1887
- Jameson v. JamesonSupreme Court of Missouri · 1880
- Ball v. Keokuk & Northwestern R'y Co.Supreme Court of Iowa · 1883
1 more not listed; retrieve them via the Exa API.
3Cited by26 opinions
- Bovay v. H. M. Byllesby & Co.Supreme Court of Delaware · 1944
- Becker v. BillingsIllinois Supreme Court · 1922
- Clark Estate Co. v. GentrySupreme Court of Missouri · 1951
- Emerson v. GaitherCourt of Appeals of Maryland · 1906
- Bovay v. H. M. Byllesby & Co.Court of Chancery of Delaware · 1943
21 more not listed; retrieve them via the Exa API.