Bieber's Administrator v. Boeckmann
Missouri Court of Appeals
Appeal from the St. Louis City Circuit Court. — Hon. Daniel Dillon, Judge. The court below erred in giving the instruction offered by respondent. William’s Aclm’r v. Cuile, 117 N. Y. 343; Devol v. Dye, 123 Ind. 321; Virgin v. Gaither, 42 Ill. 39; Emery v. Clough, 63 N. H. 555;, 1 Woerner’s Am. Law Adm., p. 122; Sessions v. Mosley, 4 Cush. 87; Tyndall v. Randall, 154 Mass. 103; Nelson v. Ludiclc, 40 Mo. App. 342; Jones v..
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Appeal from the St. Louis City Circuit Court. — Hon. Daniel Dillon, Judge. The court below erred in giving the instruction offered by respondent. William’s Aclm’r v. Cuile, 117 N. Y. 343; Devol v. Dye, 123 Ind. 321; Virgin v. Gaither, 42 Ill. 39; Emery v. Clough, 63 N. H. 555;, 1 Woerner’s Am. Law Adm., p. 122; Sessions v. Mosley, 4 Cush. 87; Tyndall v. Randall, 154 Mass. 103; Nelson v. Ludiclc, 40 Mo. App. 342; Jones v.. Deyer, 16 Ala. 225. The judgment is against the law, the evidence,, and the weight of the evidence. Authorities cited. supra. The purpose and intent of the donor prior to…
1Opinion of the CourtBland, P. J.
On February 5, 1896, Elizabeth Bieber died intestate. Her husband, Philip Bieber, was appointed administrator of her estate, and as such brought this suit.
It appears from the evidence that Mrs. Bieber was in bad health for a year or more, and that for three weeks or more before her death her recovery was hopeless. She held a certificate of deposit in the Northwestern Savings Bank of St. Louis for $400. About three weeks before her death she sent for Mr. Boeckmann, indorsed the certificate over to him and directed him to go to the bank and draw the money. This he did, and returned to her with…
2Cases cited8 opinions
- Devol v. DyeIndiana Supreme Court · 1890
- Meier v. ThiemanSupreme Court of Missouri · 1886
- Williams v. . GuileNew York Court of Appeals · 1889
- McCord's Administrator v. McCordSupreme Court of Missouri · 1882
- Walter v. FordSupreme Court of Missouri · 1881
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3Cited by5 opinions
- Eschen v. SteersCourt of Appeals for the Eighth Circuit · 1926
- Reidinger v. AdamsSupreme Court of Missouri · 1954
- O'Gorman v. JolleySouth Dakota Supreme Court · 1914
- Godard v. ConradMissouri Court of Appeals · 1907
- Tucker v. GentryMissouri Court of Appeals · 1902