Zervis v. Unnerstall
Missouri Court of Appeals
Error to the Cape Gfirardeau Court of Common Pleas, Hon. Robert L. Wilson, Judge. The allowance of the note against Yollmers’ estate.wasa judgment tobe entered of record. JRev. Stat., sec. 192; Dullard v. Hardy, 47 Mo. 403 ; Kennerly v. Shepley, 15 Mo. 640 ; McKinney v. Davis, 6 Mo. 501. And the note as against Yollmers became merged in the judgment. Goddard v. Williamson, 72 Mo. 131; Leech v. Asher, 20 Mo.
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Error to the Cape Gfirardeau Court of Common Pleas, Hon. Robert L. Wilson, Judge. The allowance of the note against Yollmers’ estate.wasa judgment tobe entered of record. JRev. Stat., sec. 192; Dullard v. Hardy, 47 Mo. 403 ; Kennerly v. Shepley, 15 Mo. 640 ; McKinney v. Davis, 6 Mo. 501. And the note as against Yollmers became merged in the judgment. Goddard v. Williamson, 72 Mo. 131; Leech v. Asher, 20 Mo. App. 656 ; Stewart v Vernon County, 64 Mo. 408. The petition charges that Henry Yollmers and Frank Unnerstall, under the name of Franz Unnersoll, executed and delivered the note, etc. If…
1Opinion of the CourtRombauer, J.
This action is based upon a promissory note charged to have been executed by one Henry Vollmers and the defendant jointly, bearing date June 14, 1868, and payable twelve months after date to defendant’s order.
The petition avers the following facts: Vollmers paid interest on the note for the years 1869 and 1870, and died in 1871. The defendant was appointed his administrator shortly thereafter, and in the same year, •while defendant was such administrator, the note was presented for allowance against Vollmers’ estate, and allowed. In 1874, the defendant resigned as administrator and one…
2Cases cited6 opinions
- County of Vernon ex rel. School Fund v. StewartSupreme Court of Missouri · 1877
- Leach v. AsherMissouri Court of Appeals · 1886
- DeLaureal v. KemperMissouri Court of Appeals · 1880
- Snowden v. McDanielSupreme Court of Missouri · 1842
- Kilgore v. BonicSupreme Court of Missouri · 1845
1 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Maddox v. DuncanSupreme Court of Missouri · 1898
- Love v. Central Life InsuranceMissouri Court of Appeals · 1902
- David Kellerman & Son v. Kansas City, St. Joseph & Council Bluffs RailroadMissouri Court of Appeals · 1894
- Clinton County ex rel. Township 54, Range 30 v. SmithSupreme Court of Missouri · 1911
- Maddox v. DuncanMissouri Court of Appeals · 1895
2 more not listed; retrieve them via the Exa API.