Smith v. Settle
Missouri Court of Appeals
Appeal from Howard Circuit Court. — Son. Alexander E. Waller, Judge. (1) The minute tbe defendant took his wife’s separate moneys and held them as his own without her written assent a cause of action accrued to the wife on account thereof and she was entitled to sue him either in equity or at law. R. S. 1899, sec. 4340; R. S. 1899, sec. 4335; Rosenberger v. Mallerson, 92 Mo.
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Appeal from Howard Circuit Court. — Son. Alexander E. Waller, Judge. (1) The minute tbe defendant took his wife’s separate moneys and held them as his own without her written assent a cause of action accrued to the wife on account thereof and she was entitled to sue him either in equity or at law. R. S. 1899, sec. 4340; R. S. 1899, sec. 4335; Rosenberger v. Mallerson, 92 Mo. App. 27; Reed v. Painter, 145 Mo. 341; Woodward v. Woodward, 148 Mo. 241; Gordon v. Gordon, 183 Mo. 294; Beagles v. Beagles, 95 Mo. App. 338; Grimes v. Reynolds, 184 Mo. 679; Rice, Stix & Co. v. Sally, 176 Mo. 129. (2)…
1Opinion of the CourtEllison, J.
Defendant’s wife, in her lifetime inherited the sum of $1,131.50. Defendant received the money in May, 1890, and he used it as his own, but he never had the written consent of the wife. The wife died intestate in July, 1904, and plaintiff was appointed administrator of her estate and began this action in October, 1905. Among other things, the petition alleges that after the death of Ms wife defendant concealed from the heirs the facts concerning said moneys, for the purpose of preventing them from collecting. The answer was a general denial and a plea of the Statute of Limitations. The…
2Cases cited8 opinions
- Shelby County v. BraggSupreme Court of Missouri · 1896
- Landis v. SaxtonSupreme Court of Missouri · 1891
- Reed v. PainterSupreme Court of Missouri · 1898
- Winn v. RileySupreme Court of Missouri · 1899
- Polk's Administrator v. AllenSupreme Court of Missouri · 1854
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3Cited by7 opinions
- State ex rel. O'Malley v. MusickMissouri Court of Appeals · 1910
- Obermeyer v. KirshnerMissouri Court of Appeals · 1931
- Gwin v. GwinMissouri Court of Appeals · 1949
- Ryan v. FordMissouri Court of Appeals · 1910
- Smelser v. MeierSupreme Court of Missouri · 1917
2 more not listed; retrieve them via the Exa API.