May v. Burk
Supreme Court of Missouri
Appeal from Randolph Circuit Court. — HoN. G-. H. Burckhartt, Judge. This suit is on a bond given by Burk to - James May and James Doolin, and it can be maintained as a personal action between these parties, and all that part of the petition about being administrators’ acts may be treated as surplus-age. Thomas v. Relfe, 9 Mo. 877. The question of the right of plaintiffs to maintain this action was not raised in the lower court, and it is too late to raise it in this court.
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Appeal from Randolph Circuit Court. — HoN. G-. H. Burckhartt, Judge. This suit is on a bond given by Burk to - James May and James Doolin, and it can be maintained as a personal action between these parties, and all that part of the petition about being administrators’ acts may be treated as surplus-age. Thomas v. Relfe, 9 Mo. 877. The question of the right of plaintiffs to maintain this action was not raised in the lower court, and it is too late to raise it in this court. The fourth instruction asked by plaintiffs ought to have been given, as there was no evidence to show that Burk had a…
1Opinion of the Court
Ewing, C.
Plaintiffs alleged they were appointed administrators of Y. P. Moore in Kentucky. That one Wm. Gibson held Moore’s note for $2,500, on which defendant, Burk was security; that Gibson sued Burk on the note and obtained judgment for $2,583.35 ; that on the same day the defendant, Burk, executed and delivered to plaintiffs the following contract:
“ Whereas, James May and James Doolin, administrators of Y. P. Moore, deceased, have this day settled a judgment in the Pulaski circuit court in favor of William Gibson against me on a note for $2,500, with interest and cost, to which I was…
2Cases cited9 opinions
- Little v. HarringtonSupreme Court of Missouri · 1880
- Miller v. WoodwardSupreme Court of Missouri · 1843
- State ex rel. Wolff v. BerningSupreme Court of Missouri · 1881
- Rhine v. MontgomerySupreme Court of Missouri · 1872
- St. Louis, Iron Mountain & Southern Railway Co. v. AnthonySupreme Court of Missouri · 1881
4 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Nichols v. StevensSupreme Court of Missouri · 1894
- Long v. MasonSupreme Court of Missouri · 1918
- Turner v. Alton Banking & Trust Co.Court of Appeals for the Eighth Circuit · 1948
- Field v. Natl. City Bank of St. LouisSupreme Court of Missouri · 1938
- Barnes v. StanleyMissouri Court of Appeals · 1902
3 more not listed; retrieve them via the Exa API.