O'Howell v. Kirk
Missouri Court of Appeals
Appeal from the Clinton Circuit Court. — Hon. James M. Sandusky, Judge. (1) An executor of a will cannot,. by proceeding under sections 3896 and 3897, Revised Statutes, 1879, protect the estate from liability on a note signed by the testator.
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Appeal from the Clinton Circuit Court. — Hon. James M. Sandusky, Judge. (1) An executor of a will cannot,. by proceeding under sections 3896 and 3897, Revised Statutes, 1879, protect the estate from liability on a note signed by the testator. Hickman v. Hollingsworth, 17 Mo. 475; Sisk v. Rosenberger,. 82 Mo. 46; Peters v. Lindenschmidt, 58 Mo’. 464 ; R. S. 1879, secs. 213, 2360. (2) “ In the absence of any special agreement, the relation which parties bear to each other is to be determined by the instrument to which they are parties.” This is held in an action between the makers of a note for…
1Opinion of the CourtSmith, P. J.
This was an action begun in the probate court wherein plaintiff presented for allowance against the estate of defendant’s testator a demand founded on a promissory note for $912.55, dated January 20, 1887, due twelve months after date, which was executed by John B. Thompson and the defendant’s testator. The case was removed by appeal to the circuit court where there was a trial at which evidence was adduced tending to show that the testator wag the surety of Thompson, the other maker of the note ; that the defendant as executor of the testator’s estate had caused notice to be served on the…
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