Hayes v. Fry
Missouri Court of Appeals
Appeal from Bates Circuit Court. — How. W. W. Graves, Judge. (1)The first duty of the administrator is to collect and pay off the claims in the order in which they are classed so far as he has assets. Section 210, R. S. 1899. (2) In Missouri the creditors are bound by the acts of the administrator even where they are not parties to the action.
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Appeal from Bates Circuit Court. — How. W. W. Graves, Judge. (1)The first duty of the administrator is to collect and pay off the claims in the order in which they are classed so far as he has assets. Section 210, R. S. 1899. (2) In Missouri the creditors are bound by the acts of the administrator even where they are not parties to the action. Kennerly et al. v. Shipley, 15 Mo. 640. (3) The administrator can not as a representative of the deceased, nor as the representative of the heirs, 'participate in setting aside a fráud of the deceased, but as the representative of the creditors, when…
1Opinion of the CourtSmith, P. J.
— This is an action which was brought by plaintiff in his capacity of administrator to recover $1,595 for work done for defendant by the former’s intestate during his lifetime. Amongst the defenses pleaded by the answer was that to the effect that the plaintiff’s intestate had executed in writing to defendants a full discharge and release for the services performed by the former for the latter. The replication was that said discharge and release pleaded in *23the answer was in the nature of a gift by said intestate to defendant of his property and was without consideration and void as to the…
2Cases cited30 opinions
- Merry v. FremonSupreme Court of Missouri · 1869
- Titterington v. HookerSupreme Court of Missouri · 1875
- Kilbourne v. FayOhio Supreme Court · 1876
- Richardson v. ColeSupreme Court of Missouri · 1901
- Spooner's Adm'r v. Hilbish's Ex'orSupreme Court of Virginia · 1895
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3Cited by4 opinions
- Stierlin v. TeschemacherSupreme Court of Missouri · 1933
- Byrd v. HaulCourt of Appeals for the Eighth Circuit · 1912
- Crohn v. Clay County State BankMissouri Court of Appeals · 1909
- Knapp v. KnappMissouri Court of Appeals · 1906