Funk v. Funk

Plaintiff in error, plaintiff below, was defeated in a suit to recover of defendant contribution as cosurety on a promissory note. He brings the case here on error.

Plaintiff was appointed administrator of the estate of Nathaniel Funk by a Missouri probate court. He was compelled by the judgment of that court to pay a note on which the deceased and, as he claims, the defendant were sureties, and brought the suit now under question. He did not file a copy of his letters nor give bond as required by the Colorado statutes, C. L. §§ 5277, 5278.

The substance of the allegations of the amended…