Montelius & Fuller v. Sarpy
Supreme Court of Missouri
ERROR to St. Louis Court of Common Pleas. Statement of the Case. The declaration alleged in the first count a promissory note made by Chouteau on the 26th March, 1835, for $1706 25, payable six months after its date to the plaintiffs, which was dated at Philadelphia. The second count was for merchandize sold and delivered, work and labor done, money lent and advanced, by plaintiff’s to Chouteau in his lifetime, &c., and an assumpsit by him to pay therefor.
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ERROR to St. Louis Court of Common Pleas. Statement of the Case. The declaration alleged in the first count a promissory note made by Chouteau on the 26th March, 1835, for $1706 25, payable six months after its date to the plaintiffs, which was dated at Philadelphia. The second count was for merchandize sold and delivered, work and labor done, money lent and advanced, by plaintiff’s to Chouteau in his lifetime, &c., and an assumpsit by him to pay therefor. The fourih and fifth counts were on promises by the administrator, and the third count was on an account stated with Chouteau in his…
1Opinion of the CourtNapton, J.
The first point of law presented by the demurrers is, whether the publication of notice of the grant.of letters which the act concerning administration directs, must be completed, as well as commenced, within thirty days from their date. The affirmative of this proposition is maintained by the plaintiff in error, and the argument in support of it is based altogether upon a literal construction of the act. We are not disposed to adopt this construction, because its language does not require it, and because such a construction of this law, at the date of its originál enactment, would have…
2Cited by13 opinions
- Clarke v. OrganSupreme Court of Missouri · 1959
- Joplin Consolidated Mining Co. v. City of JoplinSupreme Court of Missouri · 1894
- Southern National Insurance Co. v. HeggieSupreme Court of Arkansas · 1943
- Stiles v. SmithSupreme Court of Missouri · 1874
- Munday v. LeeperSupreme Court of Missouri · 1894
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