Baier v. Berberich
Missouri Court of Appeals
Appeal from St. Louis Circuit Court. Where one becomes a purchaser under circumstances which would make it a fraud to permit him to hold on to his bargain, he will be converted into a trustee for those who have been injured thereby.' — McJSTew v. Booth, 42 Mo. 189; Rutherford v. Williams, 42 Mo. 18 ; Blowey v. McMurray, 27 Mo. 118 ; Hammond, Admr.,Y. Gadwallader, 29 Mo. 170 ; Grumleyr.
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Appeal from St. Louis Circuit Court. Where one becomes a purchaser under circumstances which would make it a fraud to permit him to hold on to his bargain, he will be converted into a trustee for those who have been injured thereby.' — McJSTew v. Booth, 42 Mo. 189; Rutherford v. Williams, 42 Mo. 18 ; Blowey v. McMurray, 27 Mo. 118 ; Hammond, Admr.,Y. Gadwallader, 29 Mo. 170 ; Grumleyr. Webb, 44 Mo. 444 ; PeacocRs Administrator v.'Nelson, 50 Mo. 261. A trust results only to the person whose money pays the consideration. — Bostleman v. Bostleman, 24 N. J. Eq. 103. If the party for whom the…
1Opinion of the CourtHayden, J.
This is a proceeding brought by a husband and wife, to have one of the defendants, who are father and son, declared a trustee, for the wife, of two pieces of realty (which for the purposes of this opinion may be treated as one) which were bought at public vendue, and the legal title to which was placed in the name of the son. The substantial ground, as proved, is that the father, Sebastian Berberich, being accommodation indorser for the plaintiff, John T. Baier, who was in failing circumstances in 1877, and who had given deeds of trust under which the property here in question was about to go…
2Cases cited7 opinions
- Brown v. LynchNew York Court of Chancery · 1828
- Rose v. BatesSupreme Court of Missouri · 1848
- Slowey v. McMurraySupreme Court of Missouri · 1858
- Rutherford v. WilliamsSupreme Court of Missouri · 1867
- McNew v. BoothSupreme Court of Missouri · 1868
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3Cited by2 opinions
- Baier v. BerberichSupreme Court of Missouri · 1883
- Coggswell v. GriffithNebraska Supreme Court · 1888