Zeideman v. Molasky
Missouri Court of Appeals
Error to St. Louis City Circuit Court. — Hon. Matt. G. Reynolds, Judge. The petition states a single cause of action, and withal, a good cause of action against defendant.
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Error to St. Louis City Circuit Court. — Hon. Matt. G. Reynolds, Judge. The petition states a single cause of action, and withal, a good cause of action against defendant. It states an action at law for an ascertained sum of money had and received by defendant as trustee of a trust, the terms whereof were expressed by the Laws of Missouri (chap. 31, R. S. 1899), when, on August 1, 1892, he took possession and assumed the care of plaintiff’s mind, body and estate, and the duties thus assumed over plaintiff’s personal estate, i. e., her earnings and increments, continued until he ceased to…
1Opinion of the CourtNortoni, J.
(after stating the facts). — 1. The action is for money had and received. Wroerner’s Amer. Law of Guardianship (1897), at page 76, states the law thus:
“The term quasi guardimv, or guardian de son tort, has been applied to persons who, without legal appointment or qualification, assume the functions of a guardian by exercising control over the person, or estate, or both, of a minor. He is subject to all the responsibilities that attach to a legally constituted guardian or trustee. If he takes advantage of the confidence reposed, or of the means afforded him by such relation, by buying up…
2Cases cited16 opinions
- In re Estate of SoulardSupreme Court of Missouri · 1897
- Mooney v. KennettSupreme Court of Missouri · 1854
- Childs v. Kansas City, St. Joseph & Council Bluffs RailroadSupreme Court of Missouri · 1893
- Henderson v. DickeySupreme Court of Missouri · 1872
- Otis v. Mechanics' BankSupreme Court of Missouri · 1864
11 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Canada v. DanielMissouri Court of Appeals · 1913
- In Re Frech's EstateSupreme Court of Missouri · 1961
- In Re Guardianship of ChandosCourt of Appeals of Arizona · 1972
- Universal Life Insurance v. BerrySupreme Court of Oklahoma · 1936
- Cavanagh v. O'ConnorSupreme Court of Iowa · 1922
11 more not listed; retrieve them via the Exa API.