Legal Opinion

M. Eisenstadt Jewelry Co. v. Mississippi Valley Trust Co.

Missouri Court of Appeals

Decided December 7, 1897PublishedCited by 1 opinion

Appeal from the St. Louis City Circuit Court. — Hon. Horatio D. Wood, Judge. Respondent’s claim is against Miller. He alone is responsible for the debt. Plaintiff was bound to look into Miller’s authority, and must be held to a complete knowledge of all the limitations of the will, as well as those the law put thereon. Smith v. Ayer, 101 U. S. 320; Wilson v. Sill, 2 Beas. 143; Shaw v. Spencer, 100 Mass. 382; App. First National Bank, 7 Atl.

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1Opinion of the CourtBland, P. J.

The material ayerments in the petition are substantially the following:

That on November 25, 1893, Mary A. Miller, of St. Louis city, died testate, and that her last will was probated November 29, 1893, and letters testamentary were granted to The Mississippi Yalley Trust Company. At the time of her death Mrs. Miller was conducting a business in a store known as Number 17 North Broadway; this business embraced a stock of jewelry and other merchandise and was the absolute property of the deceased at the time of her death. The contents of the store were inventoried as assets of Mrs. Miller’s…

2Cases cited3 opinions

Smith v. AyerSupreme Court of the United States · 1880
Burwell v. CawoodSupreme Court of the United States · 1844
Brasfield v. FrenchMississippi Supreme Court · 1882

3Cited by1 opinion

First National Bank of Mexico v. AhsensMissouri Court of Appeals · 1969