Campbell v. Hayden
Missouri Court of Appeals
Appeal from Pike Circuit Court. — No». B. H. Dyer, Judge. (1) The evidence fails to show any contract made between defendants and deceased in Montana, and fails to show a gift-and delivery of decedent’s money or property in Montana, as alleged in defendants ’ answer.
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Appeal from Pike Circuit Court. — No». B. H. Dyer, Judge. (1) The evidence fails to show any contract made between defendants and deceased in Montana, and fails to show a gift-and delivery of decedent’s money or property in Montana, as alleged in defendants ’ answer. Walker v. Boknannan, 243 Mo. 119. (2) Having accepted the power of attorney from the deceased, the defendants became trustees of an express trust and the burden of showing a subsequent valid acquisition of the money collected by them thereunder devolved on defendants. All the money gained by defendants by means of their fiduciary…
1Opinion
*690ON MOTION FOR REHEARING-.
2Per curiam
A lengthy and somewhat acrimonious motion for rehearing, and an argument or “suggestion,” as it is called, in support of the motion has been interposed by the learned counsel for appellant. Those counsel attack the opinion rendered as not supported by the record on the facts. We used general language in stating the facts and have modified the opinion to make that clear. Our opinion rendered when the case was here on the former appeal, is attacked as “bad law.” We see no reason to change or modify that opinion. It is the law of the case, as we understand it.
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3Cases cited7 opinions
- Walker v. BohannanSupreme Court of Missouri · 1912
- Forrister v. SullivanSupreme Court of Missouri · 1910
- Fitzpatrick v. DooleyMissouri Court of Appeals · 1905
- Cole v. FitzgeraldMissouri Court of Appeals · 1908
- Kingston v. RobertsMissouri Court of Appeals · 1913
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