Lincoln Trust Co. v. Wolff
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — Hon. John A. Tatty, Judge. STATEMENT OP THE CASE. The nature of tbe controversy, its history, its facts, and the authorities that control the decision of the circuit court, are with great lucidity and clearness stated in the report of Ered E. Wislizenus, Esq., to whom the case was referred.
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Appeal from St. Louis City Circuit Court. — Hon. John A. Tatty, Judge. STATEMENT OP THE CASE. The nature of tbe controversy, its history, its facts, and the authorities that control the decision of the circuit court, are with great lucidity and clearness stated in the report of Ered E. Wislizenus, Esq., to whom the case was referred. The report is.as follows: “This cause comes up to the circuit court from probate court upon the appeal of Washington West, one of the sureties on the bond of Edward B. Wolff, guardian of William T. Wash, a person of unsound mind, from a judgment rendered by the…
1Opinion of the CourtBland, P. J.
— I. The referee refused to hear evidence as to whether or not the twelve-hundred-dollar note of Bryan had been actually paid or had been, by mistake, stamped and delivered to the maker. This ruling is assigned as error by appellant. It seems to us that for the purpose of the inquiry it was- immaterial whether Wolff had collected the note or not. His obligation was to either turn over the note to his successor, or the money due thereon. What he sought to do was to excuse himself from this duty by turning over to his successor a doubtful lawsuit for the recovery of what had been a valuable and…
2Cases cited7 opinions
- State ex rel. Wolff v. BerningSupreme Court of Missouri · 1881
- Myers v. MyersSupreme Court of Missouri · 1889
- State v. DrurySupreme Court of Missouri · 1865
- Wolff v. SchaefferMissouri Court of Appeals · 1877
- Baker v. SchoenemanSupreme Court of Missouri · 1867
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3Cited by2 opinions
- In Re Keisker's EstateSupreme Court of Missouri · 1943
- Hines v. American Surety Co.Supreme Court of Missouri · 1943