Leach v. McFadden
Supreme Court of Missouri
Appeal from Cooper Circuit Cou/rt. — Hon. E. L. Edwards, Judge. (1) It was competent to prove by J. H. Johnston, who is not a party to this suit nor directly interested in it, that, as executor of J. K. Ragland, deceased, he received and held receipts given him by Jas.
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Appeal from Cooper Circuit Cou/rt. — Hon. E. L. Edwards, Judge. (1) It was competent to prove by J. H. Johnston, who is not a party to this suit nor directly interested in it, that, as executor of J. K. Ragland, deceased, he received and held receipts given him by Jas. Q. Ragland, deceased, as attorney in fact for plaintiffs, for money paid on the various orders of distribution, and the amount so paid him and the amount of the different receipts, and that he paid to said attorney every dollar of the money ordered to be paid. Stewart v. Glenn, 58 Mo. 489; State ex rel. v.' Farmer, 54 Mo. 439;…
1Opinion of the CourtBrace, J.
This was a proceeding in the probate court by scire facias under the statute, against the defendants as sureties upon the bond of James H. Johnston, executor of John K. Ragland, deceased, to recover several sums of money aggregating $5,672.08; ordered by said court to be paid to the plaintiff as legatee, under the will of the said deceased; taken by appeal to the circuit court where the plaintiff obtained judgment for $5,511.06, being the amount sued for with interest, less $1,000 admitted to have been paid.
The only plea as to the remainder was payment, and to support this plea the defendant,…
2Cases cited8 opinions
- Williams v. EdwardsSupreme Court of Missouri · 1887
- Butts v. PhelpsSupreme Court of Missouri · 1883
- Meier v. ThiemanSupreme Court of Missouri · 1886
- Stanton v. RyanSupreme Court of Missouri · 1867
- McElroy v. MaxwellSupreme Court of Missouri · 1890
3 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Freeman v. BerberichSupreme Court of Missouri · 1933
- Banking House of Wilcoxson & Co. v. RoodSupreme Court of Missouri · 1896
- Nowack v. BergerSupreme Court of Missouri · 1896
- Messimer v. McCraySupreme Court of Missouri · 1893
- Asbury v. HicklinSupreme Court of Missouri · 1904
8 more not listed; retrieve them via the Exa API.