Lewis v. Smith

In 1908, tbe defendant, George E. Smith, prosecuted an action in replevin in tbe circuit, court of Miller county against Emmett M. Lewis as-*349administrator of a partnership estate. Judgment was rendered against Smith, and the sureties on his replevin bond, the present defendants Walker, Koenig and Austin. Lewis elected to take the value of the property which was assessed at $450 and the judgment was rendered accordingly against Smith and his sureties. On October 8, 1908, Smith gave Lewis a check on a bank in St. Louis for $463, the amount of the judgment and interest. The check was signed ‘ ‘…