Burckhartt v. Helfrich's Administrator
Supreme Court of Missouri
Appeal from Cooper Circuit Court. — Hon. Geo. "W. Miller, ' Judge. "When the demand accrues after the granting of letters, the statute commences to run from the time the demand accrues.
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Appeal from Cooper Circuit Court. — Hon. Geo. "W. Miller, ' Judge. "When the demand accrues after the granting of letters, the statute commences to run from the time the demand accrues. Miller v. Woodward, 8 Mo. 169; Finney v. State, 9 Mo. 227 ; Chambers v. Smith, 23 Mo. 174; Burton v. Rutherford, 49. Mo. 255 ; Greenabaum v. Elliott, 60 Mo. 25. Now, by what rule is it to be classified ? Is it to be barred from the fifth class because it was not exhibited within one year from the grant of letters ? No; for the same reason would bar it from the sixth class. A careful reference to the language…
1Opinion of the Court
Philips, C.
One Helfrich'was appointed by the Howard county court administrator of the estate of BoschertThe appellant was one of the sureties on the administrator’s bond. Helfrich died intestate in Cooper county in 1875,.and on a settlement of accounts as administrator of Boschert’s estate, a deficiency was declared against his estate'of $877.69. One-third of this amount was paid by appellant upon a judgment against him as such surety. Sombart was administrator de bonis non of Boschert’s estate, and he was the plaintiff in the said judgment of recovery against appellant and the respondent as…
2Cases cited6 opinions
- Miller v. WoodwardSupreme Court of Missouri · 1843
- Chambers' Administrator v. Smith's AdministratorSupreme Court of Missouri · 1856
- Hearne v. KeathSupreme Court of Missouri · 1876
- Brewster v. KendrickSupreme Court of Iowa · 1864
- Burton v. RutherfordSupreme Court of Missouri · 1872
1 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Madison County Bank v. Suman's AdministratorSupreme Court of Missouri · 1883
- Bauer v. GrayMissouri Court of Appeals · 1885
- Hunt v. LucasMissouri Court of Appeals · 1897
- Jones v. DavisMissouri Court of Appeals · 1889