Funderburg v. Shappert

Plaintiff, Hugh K. Funderburg, filed suit in the circuit court of Boone County against the defendants, Frederick W. Shappert, Jr. and his wife, Verona M. Shappert, praying the dissolution of a newspaper partnership, the sale of its assets, and its liquidation. Defendants filed a counterclaim praying that plaintiff’s 1/4 interest in the business be impressed with a constructive trust in their favor because of the abuse by plaintiff of a confidential or fiduciary relationship with defendants. After hearing testimony, the trial court entered a decree dismissing Funderburg’s complaint for want of…