Miller v. Miller
Missouri Court of Appeals
Appeal from Johnson Circuit Court. — Hon. A. A. Whibsilt, Judge. (1) Statute of Limitations is not a statute of extinguishment but merely a statute of repose. Secs. 1887, 1888, R. S. 1909; McMerty v. Morrison, 62 Mo. 140; Boyce v. Railroad, 168 Mo. 583; Cytron v. Transit Company, 205 Mo. 692;-Cowan v. Mueller, 176 Mo. 192; 25 Cyc. 983, subdiv.
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Appeal from Johnson Circuit Court. — Hon. A. A. Whibsilt, Judge. (1) Statute of Limitations is not a statute of extinguishment but merely a statute of repose. Secs. 1887, 1888, R. S. 1909; McMerty v. Morrison, 62 Mo. 140; Boyce v. Railroad, 168 Mo. 583; Cytron v. Transit Company, 205 Mo. 692;-Cowan v. Mueller, 176 Mo. 192; 25 Cyc. 983, subdiv. “B.” (2) Where defendant made payments without directing which item they, were to be applied to, he is taken to have authorized plaintiff to apply the payment where it will best sub-serve his own interests. Shortridge v. Pardee, 2 Mo. App. 363; Beck v.…
1Opinion of the CourtTrimble, J.
Suit against the estate of Andrew S. Miller, deceased, on a note for $1258.25 dated February 23, 1892, due one day after date, payable to appellant with an alleged credit thereon of $25, March 8, 1910. The note was duly allowed by the probate court from which an appeal to the circuit court was taken by a dang’hter of the deceased, one of his heirs and creditors. In the latter forum a jury was waived and the case tried by the court.
Claimant and deceased were brothers. The genuineness of the note was not disputed. The signature was duly proved. The defense was limitations. On its face the note…
2Cases cited9 opinions
- Poucher v. . ScottNew York Court of Appeals · 1885
- Headley v. ReedCalifornia Supreme Court · 1852
- Cowan v. MuellerSupreme Court of Missouri · 1903
- Middleton v. FrameSupreme Court of Missouri · 1855
- Beck v. HaasMissouri Court of Appeals · 1888
4 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Thompson v. McCuneSupreme Court of Missouri · 1933
- Eastman v. CraryOregon Supreme Court · 1929
- Caneer v. KentSupreme Court of Missouri · 1938
- Stock v. SchlomanSupreme Court of Missouri · 1929
- Hubbard v. Estate of HappelMissouri Court of Appeals · 1964
4 more not listed; retrieve them via the Exa API.