Hammond v. McHargue
Missouri Court of Appeals
Appeal from Mercer Circuit Court. — Hon. George W. Wanamaker, Judge. (1) An administrator can give tlie notice to sue under sections 11269 and 11270, R. S. Mo. 1909. 0’How-ell v. Kirk, 41 Mo. App. 523; Peters v. Linenschmidt, 58 Mo. 467; Cox v. Jefferson, 73 Mo. App. 412. (2) The notice given by McHargue was a sufficient notice under section 11269. Luper v. McGuire, 57 Mo. 360; Melcher v. Derkin, 44 Mo. 650; Queathan v. Woodmen of America, 148 Mo.
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Appeal from Mercer Circuit Court. — Hon. George W. Wanamaker, Judge. (1) An administrator can give tlie notice to sue under sections 11269 and 11270, R. S. Mo. 1909. 0’How-ell v. Kirk, 41 Mo. App. 523; Peters v. Linenschmidt, 58 Mo. 467; Cox v. Jefferson, 73 Mo. App. 412. (2) The notice given by McHargue was a sufficient notice under section 11269. Luper v. McGuire, 57 Mo. 360; Melcher v. Derkin, 44 Mo. 650; Queathan v. Woodmen of America, 148 Mo. App. 43. (3) Notice by administrator could be given after filing of claim on the notes by the bolder in the probate court. Perry v. Barret, 18 Mo.…
1Opinion of the Court
ELLISON, P. J. —
Plaintiff is the assignee of two promissory notes of $1500 each. They were executed, so far as the notes show, by A. R. George, A. B. George and Jesse George, as makers, but in reality the latter was a surety for the two others; and he after-wards died, defendant McHargue being appointed his administrator. Plaintiff then, on the 28th of March, 1911, presented the notes for allowance against the estate of Jesse and they were allowed by the probate court on the 12th of February, 1912. An appeal was taken by the administrator to the circuit court, where judgment was again…
2Cases cited9 opinions
- Darby v. Berney National BankSupreme Court of Alabama · 1892
- Moore v. PetersonSupreme Court of Iowa · 1884
- O'Howell v. KirkMissouri Court of Appeals · 1890
- Lockridge v. UptonSupreme Court of Missouri · 1857
- Sisk v. RosenbergerSupreme Court of Missouri · 1884
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3Cited by1 opinion
- Martinsburg Bank v. Bunch and Boil.Missouri Court of Appeals · 1923