McClelland v. McClelland
Missouri Court of Appeals
Appeal from the Saline Circuit Court. — Hon. Richard Field, Judge. (1) If the Noble notes were given by Samuel McClelland, the deceased, with the appellant as security thereon, then the estate of Samuel McClelland was primarily responsible for the same, and. the appellant could not be charged with any part of said debt.
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Appeal from the Saline Circuit Court. — Hon. Richard Field, Judge. (1) If the Noble notes were given by Samuel McClelland, the deceased, with the appellant as security thereon, then the estate of Samuel McClelland was primarily responsible for the same, and. the appellant could not be charged with any part of said debt. (2) The trial court charged the appellant, as administrator, with one-half of the Noble notes and interest, yet it refused to allow him commission on said amounts. The appellant was clearly entitled to a commission of five per cent, on this amount. R. S. 1889, sec. 222. (3 )…
1Opinion of the CourtSmith, P. J.
This case had its origin in the probate court of Saline county, from whence it was removed by appeal to the circuit court of that county, where defendants had judgment from which plaintiff has appealed. The facts out of which this (Controversy arose are substantially as follows : Samuel McClelland, the father, who died in 1886, and the plaintiff, the son, had for several years been engaged as partners in farming and stock-raising in Saline county. The plaintiff administered on the individual • estate of his father. There was,no copartnership administration. The partnership estate was…
2Cases cited9 opinions
- Merrill v. City of St. LouisSupreme Court of Missouri · 1884
- Estate of Merritt v. MerrittSupreme Court of Missouri · 1876
- In re DavisSupreme Court of Missouri · 1876
- Sheetz v. KirtleySupreme Court of Missouri · 1876
- Myers v. MyersSupreme Court of Missouri · 1889
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3Cited by2 opinions
- Stevens v. LarwillMissouri Court of Appeals · 1904
- Johnson v. JohnsonMissouri Court of Appeals · 1897