Witte v. Storm
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. — Hon. Jesse A. McDonald, Judge. (1) Plaintiff has not in any sense of the word ever had an accounting. Storm’s own letters show that he was still acting under the powers of attorney at a date subsequent to the date of the alleged statement rendered. Besides that statement, was objected to and never assented to by plaintiff or her attorney, but they both repudiated it as inaccurate.
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Appeal from St. Louis City Circuit Court. — Hon. Jesse A. McDonald, Judge. (1) Plaintiff has not in any sense of the word ever had an accounting. Storm’s own letters show that he was still acting under the powers of attorney at a date subsequent to the date of the alleged statement rendered. Besides that statement, was objected to and never assented to by plaintiff or her attorney, but they both repudiated it as inaccurate. Again, it would not bind the plaintiff, because she had been and was at the time deceived as to the title. (2) Storm’s sale of the property as trustee under the $2000 deed…
1Opinion of the Court
BLAIR, C.
In February, 1897, at the inception of the various transactions which resulted in this litigation, appellant was the owner of the equitable title to a tract of ground in the city of St. Louis at the intersection of Forest Park Boulevard and Kingshigh*480way, designated as the Kingshighway property, and certain lots, and improvements thereon, on Jefferson Avenue in the same city.
At the time mentioned deeds of trust executed by appellant and her husband on both these properties were about to be foreclosed, the total indebtedness of all kinds against both plots being $43,305. In her…
2Cases cited11 opinions
- Grumley v. WebbSupreme Court of Missouri · 1869
- Newcomb v. BrooksWest Virginia Supreme Court · 1879
- Rothwell v. DeweesSupreme Court of the United States · 1863
- Garland v. SmithSupreme Court of Missouri · 1901
- Condit v. MaxwellSupreme Court of Missouri · 1898
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3Cited by7 opinions
- Parker v. BlakeleySupreme Court of Missouri · 1936
- Kregain v. BlakeSupreme Court of Missouri · 1922
- Starr v. MitchellSupreme Court of Missouri · 1951
- Overton v. OvertonSupreme Court of Missouri · 1931
- Woodbury v. Connecticut Mutual Life InsuranceSupreme Court of Missouri · 1942
2 more not listed; retrieve them via the Exa API.