People's Savings Bank v. Hoppe
Missouri Court of Appeals
Appeal from Livingston Circuit Court. — Now. Joshua TP. Alexander, Judge. (1) The court committed error in permitting the introduction in evidence of the notes sued on, over the objection of the defendant and garnishee, Schmitz. There being no evidence that the said notes were executed by the principal debtor, Fred H. Hoppe, and being an existing indebtedness owing to the plaintiff by.the said Hoppe.
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Appeal from Livingston Circuit Court. — Now. Joshua TP. Alexander, Judge. (1) The court committed error in permitting the introduction in evidence of the notes sued on, over the objection of the defendant and garnishee, Schmitz. There being no evidence that the said notes were executed by the principal debtor, Fred H. Hoppe, and being an existing indebtedness owing to the plaintiff by.the said Hoppe. R. S. 1899, sec. 746. (2) Under the pleading in this case the assignment plead in the answers of the garnishee and defendant, Schmitz, were admitted by the replies of the plaintiff thereto, but…
1Opinion of the CourtEllison, J.
August Hoppe died intestate in the State of Florida in February, 1904, leaving several children as his heirs. Two of these, defendants Fred and Louis, figure in this controversy.. There was administration of the estate in Florida and deceased having eight thousand dollars in this State, the defendant Schmitz was appointed administrator of the estate here *454and took charge of the money. Defendant Fred owed tA\ro notes to the plaintiff bank, one for a balance of about $400 and the other for $700, each Avith interest. Fred Avas a non-resident of this State. Plaintiff brought this action, in…
2Cases cited15 opinions
- Nelson v. BrodhackSupreme Court of Missouri · 1869
- Pendleton v. PerkinsSupreme Court of Missouri · 1872
- State ex inf. Hadley v. Delmar Jockey ClubSupreme Court of Missouri · 1906
- Richardson v. ColeSupreme Court of Missouri · 1901
- Riggin v. HillardSupreme Court of Arkansas · 1892
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3Cited by13 opinions
- Brickell v. Atlas Assurance Co., Ltd.California Court of Appeal · 1909
- Odom v. LangstonSupreme Court of Missouri · 1943
- Brown v. Maguire's Real Estate AgencySupreme Court of Missouri · 1938
- Clubine v. FrazerSupreme Court of Missouri · 1940
- In Re MeansUnited States Bankruptcy Court, W.D. Missouri · 1982
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