Elliott v. Landis Machine Co.
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. — Ron. Jesse A. McDonald, Judge. (1) The 200 shares of stock in the Landis Wax Thread Sewing Machine Co. were issued to Mrs. Landis, as trustee for the benefit of certain small creditors and then for the benefit of her children. (2) The trust was executed by the transfer of the property, i. e., the delivery of the stock to Mrs. Landis, the trustee.
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Appeal from St. Louis City Circuit Court. — Ron. Jesse A. McDonald, Judge. (1) The 200 shares of stock in the Landis Wax Thread Sewing Machine Co. were issued to Mrs. Landis, as trustee for the benefit of certain small creditors and then for the benefit of her children. (2) The trust was executed by the transfer of the property, i. e., the delivery of the stock to Mrs. Landis, the trustee. And being an executed trust, it needs no consideration to support it, and is irrevocable by the settlers. Leeper v. Taylor, 111 Mo. 312; 1 Perry on Trusts, sec. 98; 1 Breach on Trusts and Trustees, sec. 41;…
1Opinion of the CourtGraves, P. J.
Plaintiffs state that their suit is one in equity to declare a trust and to compel an accounting. For brevity of statement, pleading and proof may best be commingled. Plaintiffs are children and heirs at law of Benjamin P. Landis, deceased. Landis was an inventor, and possessed with the idea that there could and should be a sewing machine in which could be used waxed thread, such as is used in the manufacture of harness and other leather goods. To this end he bent his energies. He obtained some patents along this line. In doing so he borrowed some money from one of his daughters, Eva Lee…
2Cases cited13 opinions
- Ewing v. ShannahanSupreme Court of Missouri · 1892
- Scott v. . StebbinsNew York Court of Appeals · 1883
- Paul v. FultonSupreme Court of Missouri · 1857
- Brown's Administrator v. FinleySupreme Court of Missouri · 1853
- Chase v. CartrightSupreme Court of Arkansas · 1890
8 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Atlantic National Bank v. St. Louis Union Trust Co.Supreme Court of Missouri · 1948
- Case v. SipesSupreme Court of Missouri · 1919
- Mann v. Bank of GreenfieldSupreme Court of Missouri · 1929
- Johnson v. United Railways Co.Supreme Court of Missouri · 1912
- Kerber v. RoweSupreme Court of Missouri · 1941
13 more not listed; retrieve them via the Exa API.