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PLYMOUTH SECURITIES COMPANY v. JOHNSON

No. 47295.

335 S.W.2d 142 (1960)

PLYMOUTH SECURITIES COMPANY, a Trust, T. R. Ayars, Individually and as Trustee of The Plymouth Securities Company, a Trust, Walter E. Harral, by Edith D. Harral, Charles Seewoster, and Byron W. Moser, Joint Executors of the Estate of Walter E. Harral, Deceased, O. B. Bottorff, and Ethel D. Bridell, Appellants, v. Ray L. JOHNSON, Robert W. Maysack, and Laurel Hills Memorial Gardens, Inc., a Corporation, Respondents.

Supreme Court of Missouri, Division No. 2.

Motion for Rehearing or for Transfer Denied May 9, 1960.

Attorney(s) appearing for the Case

Lester F. Stephens, St. Louis, for appellants.

Ward Fickie, Biggs, Hensley, Curtis & Biggs, St. Louis, for Ray L. Johnson and Laurel Hill Memorial Gardens, Inc.

Henry C. Hughes, St. Louis, for Robert W. Maysack.

Motion for Rehearing or for Transfer to Court en Banc Denied May 9, 1960.

STORCKMAN, Judge.

This is an action in equity in two counts tried by the court sitting without a jury. The first count sought the removal of the defendants Ray L. Johnson and Robert W. Maysack as trustees of the plaintiff Plymouth Securities Company, a common law trust. The general object of the second count was to declare a default by defendants in the performance of their obligations...

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