143 Mo. 216 | Mo. | 1898
This is an equitable proceeding by the father against his son instituted in the circuit court of Audrain county for an accounting and judgment for whatever sum may be found due plaintiff as the result. The trial resulted in a judgment, for defendant, and plaintiff appealed.
Plaintiff alleges in his petition thát defendant converted to his own use moneys and notes belonging to plaintiff amounting to $3,781.65, and that in 1892 he gave to plaintiff a due bill for $750, for a portion of said indebtedness, which defendant thereafter took possession of to keep for him upon the promise that he, defendant, would take care of him during his lifetime, and that afterward in August, 1892, he drove plaintiff from his home, and has since failed to support and care for him. It was also averred in the peti
Defendant by answer denied that he converted to his own use any of the notes or moneys of plaintiff, or any of plaintiff’s property; denied that he owed plaintiff anything, and averred that he had accounted to plaintiff, and that in April, 1892, he and plaintiff had a full settlement of all transactions between them, and that defendant at that time gave plaintiff a note for the balance due him, which has been paid. The answer also denied generally all other allegations in the petition.
In 1885 plaintiff owned a farm in Audrain county consisting of one hundred and sixty acres, upon which he lived with his family. He was the father, of five children, three daughters and two sons. One of the sons is the defendant in this suit. The other son’s name was William. Plaintiff was twice married, and-William was the only child by the last wife. Plaintiff being indebted to his daughters, and his son, Leslie,
This ease belongs to that class in which this court as a rule defers very much to the finding and conclusions reached by the trial court. In Snell v. Harrison, 83 Mo. 651, it was held that, in equity cases where the