Covington v. Burnes
U.S. Circuit Court for the District of Missouri
Action by the indorsee against the administrator of the indorser of two promissory notes. The plaintiff demurs to the second and third pleas, each being a plea of plene administravit.
1Opinion of the Court
DILLON, Circuit Judge.
This is an ordinary action against an administrator upon the contract of indorsement made by his intestate. The plaintiff seeks simply judicially to establish his claim against the estate. The statute of Missouri, in terms, declares that “Any person having a demand against an estate may establish the same by the judgment or decree of some court of record.” Gen. St 1805, p. 502, § 8. The right of the plaintiff to bring this action is clear and undisputed. Payne v. Hook, 7 Wall. [74 U. S.] *656425. Each of the pleas demurred to is, in form and substance, a common law plea…
2Cases cited4 opinions
- Judy v. KelleyIllinois Supreme Court · 1849
- Wood v. DonaldsonNew York Supreme Court · 1837
- Armstrong v. CooperIllinois Supreme Court · 1850
- Laughlin v. McDonaldSupreme Court of Missouri · 1826