Smith v. Perry
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. — lío». John A. Talty, Judge. (1) It is tire duty of every trustee, bailee, agent, attorney, factor, or other fiduciary, receiving funds belonging to another, to keep account of his receipts and disbursements, and render true statements to his principal from time to time as such funds come into his hands. 2 Beach on Trustees, pp. 1564-1565; Blauvelt v. Akerman, 24 N. J. Eq. 495; Smith v. Crews, 2 Mo.
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Appeal from St. Louis City Circuit Court. — lío». John A. Talty, Judge. (1) It is tire duty of every trustee, bailee, agent, attorney, factor, or other fiduciary, receiving funds belonging to another, to keep account of his receipts and disbursements, and render true statements to his principal from time to time as such funds come into his hands. 2 Beach on Trustees, pp. 1564-1565; Blauvelt v. Akerman, 24 N. J. Eq. 495; Smith v. Crews, 2 Mo. App. 269; McMahan v. Franklin,' 38 Mo. 549. And when sued by the principal for an accounting the burden is xxpon the fiduciary to show that he has either…
1Opinion of the CourtBurgess, P. J.
This is a suit for an accounting, brought August 23, 1894, in the circuit court of the city of St. Louis, by Virginia V. Lewis as administra*443trix of the estate of James W. Lewis, her deceased husband, against John D. Perry.
Defendants on February 11,1895, filed an amended answer, to which plaintiff filed replication on March 12th next thereafter. John D. Perry having in the meantime died, his death was suggested, and the suit revived against the defendants David R. Francis, Lewis Perry and Richard E. Perry, his executors.. On February 1, 1896, the cause, upon stipulation between the parties,…
2Cases cited14 opinions
- Cook County National Bank v. United StatesSupreme Court of the United States · 1883
- North Chicago Rolling Mill Co. v. St. Louis Ore & Steel Co.Supreme Court of the United States · 1894
- Scammon v. KimballSupreme Court of the United States · 1876
- Libby v. HopkinsSupreme Court of the United States · 1881
- Spaulding v. BackusMassachusetts Supreme Judicial Court · 1877
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