Legal Opinion

Bent v. Priest

Missouri Court of Appeals

Decided June 28, 1881PublishedCited by 16 opinions

Appeal from St. Louis Circuit Court, Adams, J. In eases of constructive trust, .or, when a person claiming in his own right is, by operation of law, turned into a trustee, courts of equity always have applied the Statute of Limitations. — Smith v. Riccords, 52 Mo. 581 ; s. c. 56 Mo. 553; Murray v. Coster, 20 Johns. 576 ; Hawley v. Cramer, 4 Cow. 717; Kane v. Bloodgood, 7 ‘Johns. 114. “ The next error is the exclusion by the court of evidence that the case was begun by Mr.…

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Appeal from St. Louis Circuit Court, Adams, J. In eases of constructive trust, .or, when a person claiming in his own right is, by operation of law, turned into a trustee, courts of equity always have applied the Statute of Limitations. — Smith v. Riccords, 52 Mo. 581 ; s. c. 56 Mo. 553; Murray v. Coster, 20 Johns. 576 ; Hawley v. Cramer, 4 Cow. 717; Kane v. Bloodgood, 7 ‘Johns. 114. “ The next error is the exclusion by the court of evidence that the case was begun by Mr. Glover, and now prosecuted under a champertous contract. Because prosecuted under the bond, with surety of Mr. Glover…

1Opinion of the CourtThompson, J.

This action is prosecuted by the plaintiff, as receiver of the St. Louis Mutual Life .Insurance Company, against the defendant to recover certain securities alleged to have been paid to the defendant to induce him, as director of said company, to consent to a proposed transfer of the assets of the company, to the Mound City Life Insurance Company. Before examining the merits of the case it is necessary to dispose of two extrinsic matters which are presented at its threshold : —

1. It is assigned for error that the court overruled a motion made by the defendant to exclude one of the plaintiff’s…

2Cases cited11 opinions

  1. Michoud v. GirodSupreme Court of the United States · 1846
  2. Butts v. . WoodNew York Court of Appeals · 1867
  3. Cumberland Coal & Iron Co. v. ShermanNew York Supreme Court · 1859
  4. Hunter v. HunterSupreme Court of Missouri · 1872
  5. Barker v. BarkerWisconsin Supreme Court · 1860

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3Cited by16 opinions

  1. EF Hutton & Company v. BrownDistrict Court, S.D. Texas · 1969
  2. In re BooneU.S. Circuit Court for the District of Northern California · 1897
  3. Peirce v. PalmerSupreme Court of Rhode Island · 1910
  4. Bromschwig v. Carthage Marble & White Lime Co.Supreme Court of Missouri · 1933
  5. Terre Du Lac Property Owners' Ass'n v. ShrumMissouri Court of Appeals · 1983

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