Reports of Cases Determined by the Supreme Court of the State of Missouri Volume 62

Reports of Cases Determined by the Supreme Court of the State of Missouri Volume 62

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1876 edition. Excerpt: ...has been oppressively obtained, although under circumstances not constituting " legal duress." (Piel vs., 16 Ves., 156; Lady Strathmore vs. Bowes. 2 Bro. C. 0., 345; 1 Chit. Contra, 273.) And here the opportunity was distinctly afforded for such interposition, as the court below had the disputed fund immediately within its grasp, and awaiting its disposition in Maguire v. The State Savings Association, et al. accordance with well settled principles long recognized in equity jurisprudence, and was directly called on as a court of chancery to declare to whom of the interpleaders the money, in equity and good conscience, belonged. Under these circumstances, no hesitancy, it would seem, could, on the evidence adduced, attend the deliberations of the chancellor, or retard the prompt arrival at the result reached. But there is yet another element in this case which cannot be ignored. As before stated, the money in litigation was never paid over by the collector. This was something which had actually occurred in all the cases cited from our own reports, by counsel, with one exception, to be presently ad verted to. Of course, no intimation is given as to what conclusion we should come, did the present instance present the same feature. ' It may be objected, that the payment to the collector was, in efiect, one to the principal for whom he was apparently acting, and that, therefore, the payment must be considered as made to that principal. But it should be recollected, that the relation ordinarily existing between principal and agent only appertains to transactions which are lawful, because the law will not intend the existence of this relation in transactions ofa difi'erent complexion. (Sto. Ag., 11.) And though the doctrine more

Product details

  • Paperback | 230 pages
  • 189 x 246 x 12mm | 417g
  • English
  • Illustrations, black and white
  • 123688826X
  • 9781236888266