Ridge v. Olmstead
Supreme Court of Missouri
Appeal from Jackson Special Law and Equity Court. — Hon-R. E. Cowan, Judge. Defendant stood in the position of trustee for plaintiff', and could legally pay the fund to no one but plaintiff' until he refused to receive it. Tompkins v. Wheeler, 16 Peters 119; Jackson v. Bodle, 20 John. 184; Rankin v. Lodor, 21 Ala. 380; Bank v. Uuth, 4 B. Mon. 437; Crosby v. Hillyer, 24 Wend. 284. Plaintiff’s assent will be presumed until he dissents.
Read the full summary
Appeal from Jackson Special Law and Equity Court. — Hon-R. E. Cowan, Judge. Defendant stood in the position of trustee for plaintiff', and could legally pay the fund to no one but plaintiff' until he refused to receive it. Tompkins v. Wheeler, 16 Peters 119; Jackson v. Bodle, 20 John. 184; Rankin v. Lodor, 21 Ala. 380; Bank v. Uuth, 4 B. Mon. 437; Crosby v. Hillyer, 24 Wend. 284. Plaintiff’s assent will be presumed until he dissents. Rogers v. Gosnell, 58 Mo. 589 ; R. S. 1879, § 3463.
1Opinion of the CourtHenry, J.
One Collins was a tenant of Ridge, the plaintiff, and owed him $22 for rent. . Collins sold defendants some fixtures he had in the rented house, and after they had paid the price agreed upon to Collins’ agent, he handed them $22 to be paid to plaintiff. Plaintiff, was then absent from home, but defendants informed his son of what had occurred, who said he was satisfied with the arrangement. Before any communication between defendants and plaintiff', they were served with a garnishment as the debtors of Collins, on account of said $22, at the suit of creditors of said Collins, and a. judgment…
2Cases cited2 opinions
- Briggs v. BlockSupreme Court of Missouri · 1853
- Sproule v. McNultySupreme Court of Missouri · 1841
3Cited by6 opinions
- Austin v. SeligmanU.S. Circuit Court for the District of Southern New York · 1883
- Walthers v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1883
- Provenchere v. ReifessMissouri Court of Appeals · 1895
- Whiteside v. LongacreMissouri Court of Appeals · 1901
- Nicholson v. WalkerMissouri Court of Appeals · 1887
1 more not listed; retrieve them via the Exa API.