Tuggles v. Callison
Supreme Court of Missouri
Appeal from Livingston Circuit Court. — Hon. E. J. Bkoa.ddus, Judge. (1) The relation of banker and customer, and of mortgagor and a mortgagee, and trustees, agents, administrators, guardians, attorneys and others whose connection with any person is such as to establish a confidential relation between them concerning his property, and give them special knowledge and opportunity regarding it, creates a confidential relation between the parties.
Read the full summary
Appeal from Livingston Circuit Court. — Hon. E. J. Bkoa.ddus, Judge. (1) The relation of banker and customer, and of mortgagor and a mortgagee, and trustees, agents, administrators, guardians, attorneys and others whose connection with any person is such as to establish a confidential relation between them concerning his property, and give them special knowledge and opportunity regarding it, creates a confidential relation between the parties. Kirchner v. Kirchner, 113 Mo. 290; Street v. Goss, 62 Mo. 226; Gavin v. Williams, 44 Mo. 646; Cadwalader v. West, 48 Mo. 483; Thurston v. Irwin, 43 Mo.…
1Opinion of the CourtWilliams, J.
This is an action of ejectment for one thousand three hundred and eighty-one acres of land. The petition contains the. usual averments. The answer sets up an equitable defense, the nature of which will appear from the facts hereinafter stated.
Defendant, in February, 1893, was the owner of the land sued for, but, prior to that time he had given three deeds of trust, upon it. The first, dated August 1, 1888, was to secure a note for $6,000 payable to Gilbert & Gay; the second, dated July 27, 1892, was for a note of $2,500 to the Farmers Exchange Bank; and the "third, September 23, 1892,. for…
2Cases cited3 opinions
- Ten Eyck v. . CraigNew York Court of Appeals · 1875
- Chrisman v. HodgesSupreme Court of Missouri · 1882
- Hagar v. HagarSupreme Court of Missouri · 1880
3Cited by9 opinions
- Newton v. RebenackMissouri Court of Appeals · 1901
- Kemper Mill & Elevator Co. v. HinesSupreme Court of Missouri · 1922
- Herboth v. American Radiator Co.Missouri Court of Appeals · 1909
- Cogan v. Cass Avenue & Fair Grounds Railway Co.Missouri Court of Appeals · 1902
- Souders v. KitchensSupreme Court of Missouri · 1940
4 more not listed; retrieve them via the Exa API.