Donham v. Hahn
Supreme Court of Missouri
Appeal from Greene Circuit Court. — Hon. James T. Neville, Judge. (1) The defendant Hahn, the secretary of the Current River Lumber Company, by taking the legal title to the property in controversy in his own name, became a trustee ex maleficio for the company and its creditors.
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Appeal from Greene Circuit Court. — Hon. James T. Neville, Judge. (1) The defendant Hahn, the secretary of the Current River Lumber Company, by taking the legal title to the property in controversy in his own name, became a trustee ex maleficio for the company and its creditors. Wells, Fargo & Co. v. Robinson, 13 Cal. 133; Bartlett v. Brew, 57 N. Y. 587. (2) And the property maybe impressed with that trust in the hands of anyone, except a bona fide purchaser for a valuable consideration without notice of the trust. Bankv. Ins. Co., 104 U. S. 54; Bank v. Investment Co., 74 Tex. 421; Price v.…
1Opinion of the CourtMacfablane, J.
This is a suit in equity to enjoin . the sale of a lot in Springfield, Missouri, by the sheriff, acting as trustee in a deed of trust and to cancel and set aside the deed. A temporary injunction was granted, but, on a trial, the finding of the court was for defendants and plaintiff appealed.
The petition charges that the deed of trust with power of sale was made by defendant Hahn on the thirteenth day of Eebruary, 1891, to secure two notes aggregating $1,550, one held by defendant Laura E. Anderson, and the other by defendant James R. Milner. That at the time the deed of trust was executed,…
2Cases cited2 opinions
- National Bank v. Insurance Co.Supreme Court of the United States · 1881
- Priest v. ChouteauSupreme Court of Missouri · 1884
3Cited by6 opinions
- Smoot v. JuddSupreme Court of Missouri · 1904
- In re Swofford Bros. Dry Goods Co.District Court, W.D. Missouri · 1910
- Columbia Paper Stock Co. v. Fidelity & Casualty Co.Missouri Court of Appeals · 1904
- Smith v. BoydSupreme Court of Missouri · 1901
- Lorenz v. RousseauCalifornia Court of Appeal · 1927
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