Haynes v. Carpenter
Missouri Court of Appeals
Appeal from the Grundy Circuit Court. — Hon. P. 0. Stepp, Judge. (1) The power of attorney did not authorize the disposal of the Coleman notes, and S. J. Carpenter was liable for the same, and the law made it the duty of defendant, as executor, to use all due diligence to collect this claim due from S. J. Carpenter, and his failure to do so was a sufficient cause for revoking his letters.
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Appeal from the Grundy Circuit Court. — Hon. P. 0. Stepp, Judge. (1) The power of attorney did not authorize the disposal of the Coleman notes, and S. J. Carpenter was liable for the same, and the law made it the duty of defendant, as executor, to use all due diligence to collect this claim due from S. J. Carpenter, and his failure to do so was a sufficient cause for revoking his letters. The conductor of S. J. Carpenter showed that he knew the power of attorney did not authorize him to sell the Coleman notes or loan or distribute the proceeds. Brewing Oo. v. Waterworks Oo., 34 Mo. App. 49,…
1Opinion of the CourtSmith, P. J.
On March 28, Í896, Eufus K. Carpen-' ter was the owner of two promissory notes, one for $3,000 and the other for $1,000, not then due; which were amply secured by deeds of trust on real estate. He was a man advanced in years and in very feeble health, and on the date just mentioned he executed and delivered to his son, S. J. Carpenter, a power of attorney whereby he authorized his said son “to attend to my business, to collect all moneys and obligations due, notes, accounts, settle and adjust any and all business matters of whatever nature and to give receipts and acquittances whenever…
2Cases cited4 opinions
- Butts v. PhelpsSupreme Court of Missouri · 1883
- Darling v. PottsSupreme Court of Missouri · 1893
- Switzer & Switzer v. ConnettSupreme Court of Missouri · 1847
- Rechtscherd v. Accommodation BankSupreme Court of Missouri · 1870
3Cited by2 opinions
- Mercantile Trust Co., NA v. HarperMissouri Court of Appeals · 1981
- Mitchener v. FrazerMissouri Court of Appeals · 1913