Block v. Dorman

The objection made to the capacity of the plaintiff to maintain the action was properly overruled. The plaintiff is the administrator of the estate of Charlotte Block, to whom the note was made payable, and although she is described in the note as the executrix of Simon Block, still that does not prevent the maintenance of this action in the name of the present plaintiff. (Cook’s Executor v. Holmes, 29 Mo. 61; Nicolay v. Fritschle, 40 Mo. 67.)

There is no foundation for the defense set up, that there was a previous judgment upon the note which operated as an estoppel to the prosecution of the…