Schaaf v. Fries
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — Hon. Franklin Ferris, Judge. (1) The pledgee is, in effect, a trustee for the pledgor. No matter to what extent the power of the pledgee to sell may be enlarged by contract, still his duty to act in good faith and to treat the pledge in his hands as trust property in which the pledgor has an interest, continues and is imposed upon him by the law throughout his dealings with the pledge.
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Appeal from St. Louis City Circuit Court. — Hon. Franklin Ferris, Judge. (1) The pledgee is, in effect, a trustee for the pledgor. No matter to what extent the power of the pledgee to sell may be enlarged by contract, still his duty to act in good faith and to treat the pledge in his hands as trust property in which the pledgor has an interest, continues and is imposed upon him by the law throughout his dealings with the pledge. Bank v. Richardson, 156 Mo. 210, and authorities cited; Trust Co. v. Rigdon, 93 Ills. 456; Jones on Pledges (2 Ed.), sec. 405. (2) In the peculiar circumstances of…
1Opinion of the CourtGoode, J.
Reference is made for a partial statement of the facts of this case, which is trover to recover damages for the conversion of certain shares of stock of the Schaaf-Fries Dry Goods Company, to the report of the decision on a former appeal. Schaaf v. Fries, 77 Mo. App. 346. All the circumstances stated in that opinion, appear in the present record, and some others; notably that the plaintiff testified that after the death of her husband, she called at the store of the company and inquired of the defendant, Oscar Fries, concerning her husband’s interest in the business, who informed her there…
2Cases cited8 opinions
- Hickman v. City of KansasSupreme Court of Missouri · 1894
- Chouteau v. AllenSupreme Court of Missouri · 1879
- Nanson v. JacobSupreme Court of Missouri · 1887
- Talty v. Freedman's Savings & Trust Co.Supreme Court of the United States · 1876
- Nelson v. OwenSupreme Court of Alabama · 1896
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3Cited by9 opinions
- Kegan v. Park BankSupreme Court of Missouri · 1928
- Tennent v. Union Central Life InsuranceMissouri Court of Appeals · 1908
- Amick v. Empire Trust Co.Supreme Court of Missouri · 1927
- Adair v. Reorganization Inv. Co.Court of Appeals for the Eighth Circuit · 1942
- Hornsby Munroe v. KnorppMissouri Court of Appeals · 1921
4 more not listed; retrieve them via the Exa API.