Tenny's Adminstrator v. Lasley's Administrators
Supreme Court of Missouri
Appeal from Gass Circuit Court. — Hon. Noah M. Givan, Judge. i The court erred in admitting the notes as evidence, unless sections 205, 206, Revised Statutes, gave a right of action. If right of action at time of presentation was given by these sections, or either of them, such right existed when letters were granted, and was barred by special limitation of two years.
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Appeal from Gass Circuit Court. — Hon. Noah M. Givan, Judge. i The court erred in admitting the notes as evidence, unless sections 205, 206, Revised Statutes, gave a right of action. If right of action at time of presentation was given by these sections, or either of them, such right existed when letters were granted, and was barred by special limitation of two years. R. S., § 189. ' There is no exception mentioned in this special statute of limitations that admits these demands. R„ S., §§ 185,188,189; Richardson v. Harrison, 36 Mo. 96 ; Greenabaum v. Elliott, 60 Mo. 25; Spaidd-ing v. Suss, 4…
1Opinion of the Court
Martin, C.
This was an action brought in the probate coui’t for the purpose of obtaining allowance of the demands against the estate of Mathew Lasley, in the form of promissory notes. The probate court refused to allow them. On appeal the circuit court allowed them in the sum total of $1,523.84, from which action the defendants appeal to this court. Inasmuch as the defense springs from the unusual character of the demands, I will set them out in Rill as follows:
“$1,000. Two years after the death of Jonathan Tenny and Mariah Tenny, wife of said Jonathan Tenny, value received, we promise to pay…
2Cases cited7 opinions
- Miller v. WoodwardSupreme Court of Missouri · 1843
- Chambers' Administrator v. Smith's AdministratorSupreme Court of Missouri · 1856
- Jameson v. JamesonSupreme Court of Missouri · 1880
- Burton v. RutherfordSupreme Court of Missouri · 1872
- Finney v. State ex rel. EstissSupreme Court of Missouri · 1845
2 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Macdonald v. FraterWashington Supreme Court · 1902
- State ex rel. Patterson v. TittmannSupreme Court of Missouri · 1896
- In Re Estate of Howard v. HoweSupreme Court of Missouri · 1939
- In Re Franz EstateSupreme Court of Missouri · 1952
- Robbins v. Estate of RobbinsMissouri Court of Appeals · 1913
7 more not listed; retrieve them via the Exa API.