Legal Opinion

Smith v. Gregory

Supreme Court of Missouri

Decided October 15, 1881PublishedCited by 2 opinions

Appeal from Randolph Circuit Court. — Hon. G. H. Burckhartt, Judge. Brown and Smith, executors, could not sue Gregory & Brown, partners, on a note made by the firm to the executors. Hill v. McPherson, 15 Mo. 204 ; Coll, on Part., § 642, and note. The assignment by Brown of his interest in the note to Smith was nugatory.

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Appeal from Randolph Circuit Court. — Hon. G. H. Burckhartt, Judge. Brown and Smith, executors, could not sue Gregory & Brown, partners, on a note made by the firm to the executors. Hill v. McPherson, 15 Mo. 204 ; Coll, on Part., § 642, and note. The assignment by Brown of his interest in the note to Smith was nugatory. Being at the time co-administrator he could not, as such officer, divest himself of his interest in said note to his co-administrator without at the same time surrendering said office. So long as he was such co-administrator he would of necessity retain his interest in all…

1Opinion of the CourtRay, J.

This suit was brought upon the following promissory note, to-wit:

“ One day after date, we promise to pay J. W. Brown and J. W. Smith, administrators of the estate of W. II. Smith, deceased, $650.00, for value received, negotiable and payable without defalcation or discount, with interest from date, at the rate of ten per cent until paid. September 1st, 1873.
“'(Signed) Gregory & Brown.”

On which was the following indorsement, to-wit:

“For value received, I assign and transfer to J. W. Smith my right, title, claim and interest in and to the within note drawn by Gregory & Brown.

(Signed) J. W.…

2Cases cited3 opinions

  1. Faulkner v. FaulknerSupreme Court of Missouri · 1880
  2. Pemberton v. PembertonSupreme Court of Missouri · 1856
  3. Smith v. OldhamSupreme Court of Missouri · 1838

3Cited by2 opinions

  1. Zeigler v. His CreditorsSupreme Court of Louisiana · 1896
  2. Willis v. BarronSupreme Court of Missouri · 1898

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