Bartels v. Kinnenger
Supreme Court of Missouri
Appeal from Gape Girardeau Circuit Court. — Hon. Henby 0. Riley, Judge. (1) When money is placed in the hands of an agent to loan for a principal the act of the agent in handling the money is the act of the principal, and as Jo that money the relationship of debtor and creditor ■can not exist. 1 Am. and Eng. Ency.
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Appeal from Gape Girardeau Circuit Court. — Hon. Henby 0. Riley, Judge. (1) When money is placed in the hands of an agent to loan for a principal the act of the agent in handling the money is the act of the principal, and as Jo that money the relationship of debtor and creditor ■can not exist. 1 Am. and Eng. Ency. Law, 383; 'Hamilton v. Elkins, 46 Ind. 212; Jett v. Hempstead, 25 Ark. 462; Alexander v. Jones, 64 Iowa, 207; Conley v. Betts, 24 N. E. Rep. 203; Cockrell v. Kirkpatrick, 9' Mo. 697; Corder v. Primm, 52 Mo. App. 112; Donahue v. Bragg, 49 Mo. App. 273; Beardslee v. Boyd, 37 Mo. 180;…
1Opinion of the CourtBurgess, J.
This is a proceeding in equity by the plaintiff against John E. Kinnenger and Alvina Kinnenger, his wife, and A. Q-. Landgraf, to have set aside certain conveyances made by John E. Kinnengerto the other defendants, and to subject the property described in the petition, to sale under execution under a judgment held by plaintiff against John E. Kinnenger. The property conveyed to the defendant Alvina Kinnenger and Landgraf were separate and distinct tracts; the tract conveyed to Alvina Kinnenger being the homestead of John E. Kinnenger. The trial in the *373court below resulted iu a judgment and…
2Cases cited5 opinions
- Bank of Versailles v. GuthreySupreme Court of Missouri · 1895
- Pratt v. EatonSupreme Court of Missouri · 1877
- Kendall v. PowersSupreme Court of Missouri · 1888
- Farrand v. HurlbutSupreme Court of Minnesota · 1862
- Holland v. KreiderSupreme Court of Missouri · 1885
3Cited by3 opinions
- D. M. Osborne & Co. v. EvansSupreme Court of Missouri · 1904
- In Re MyersDistrict Court, W.D. Missouri · 1973
- Green v. BaxterMissouri Court of Appeals · 1902