Locke v. Bowman
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — Hon. ■ George H. Shields, Judge. (1) Plaintiff’s bill herein does not state facts sufficient to constitute a cause of action against defendant Bowman, (a) One wbo leaves Ms property in tbe possession of another and knowingly allows that other to hold himself out to the world as the owner, will be estopped as against creditors of such other person from claiming the property as his own.
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Appeal from St. Louis City Circuit Court. — Hon. ■ George H. Shields, Judge. (1) Plaintiff’s bill herein does not state facts sufficient to constitute a cause of action against defendant Bowman, (a) One wbo leaves Ms property in tbe possession of another and knowingly allows that other to hold himself out to the world as the owner, will be estopped as against creditors of such other person from claiming the property as his own. Mc-Dermot v. Barnum, 19 Mo. 204; Rieschieck v. Klingelhoefer, 91 Mo. App. 431; Klingelhoefer v. Smith, 171 Mo. 455; Riley v. Vaughn, 116 Mo. 169. (b) Courts of equity…
1Opinion of the CourtCaulfield, J.
(after stating the facts). — It is -clear that, considering the state of the pleadings, the "trial court erred in holding that the burden of proof lay with the plaintiff and not the defendant, and did not err in granting plaintiff a new trial on that ac•count. On the admitted facts, defendant has no right -except such as he derived through Schwarzkopf, who, In turn, was a mere assignee of the policy. He acquired no greater right in the policy than Schwarz-Icopf had. [Heusner-v. The Mutual Life Ins. Co., 47 Mo. App. 336, 345.] The -assignment to Schwarzkopf, being made to one having no…
2Cases cited15 opinions
- Warnock v. DavisSupreme Court of the United States · 1882
- Lenox v. HarrisonSupreme Court of Missouri · 1885
- Singleton v. St. Louis Mutual InsuranceSupreme Court of Missouri · 1877
- St. Louis Safe Deposit & Savings Bank v. Kennett EstateMissouri Court of Appeals · 1903
- Haydon v. St. Louis & San Francisco RailroadSupreme Court of Missouri · 1909
10 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- State Mut. Life Ins. Co. v. RosenberryTexas Commission of Appeals · 1919
- Citizens Trust Co. v. GoingSupreme Court of Missouri · 1921
- Butterworth v. Mississippi Valley Trust Co.Supreme Court of Missouri · 1951
- Morrow v. National Life Ass'nMissouri Court of Appeals · 1914
- Industrial Loan & Investment Co. v. Missouri State Life InsuranceMissouri Court of Appeals · 1928
3 more not listed; retrieve them via the Exa API.