Armstrong v. Johnson
Missouri Court of Appeals
Appeal from Greene Circuit Court. — Mon. James T. Neville, Judge. STATEMENT. Plaintiff is tbe administrator de boms non of the estate of Margaret Stumm, deceased. Defendant is the executor of the last will of P. J. Stumm. P. J. and Margaret Stumm were husband and wife. They were married in 1818. Margaret died May 7, 1897, and P. J. died in the month of September of the same year.
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Appeal from Greene Circuit Court. — Mon. James T. Neville, Judge. STATEMENT. Plaintiff is tbe administrator de boms non of the estate of Margaret Stumm, deceased. Defendant is the executor of the last will of P. J. Stumm. P. J. and Margaret Stumm were husband and wife. They were married in 1818. Margaret died May 7, 1897, and P. J. died in the month of September of the same year. Margaret was a widow when she married P. J. Stumm and as such had received from the estate of her former husband land worth about two hundred dollars and personal property of the value of two hundred and ten dollars.…
1Opinion of the CourtBland, P. J.
I. The two certificates of deposit and the two notes being made payable to P. J. and Margaret Stumm, the law presumes that they were the joint owners of them in equal shares. State ex rel. Toebben v. Brady, 53 Mo. App. 202; Tisdale, Ex’r v. Maxwell, 58 Ala. 40; Tiedeman on Commercial Paper, sec. 18. There is no substantial evidence in the record tending to overthrow this presumption as to either of the two promissory notes, and substantially none, except the testimony of Allen, tending to show that the consideration for the two certificates of deposit was not equally furnished by P. J. and…
2Cases cited6 opinions
- Leete v. State Bank of St. LouisSupreme Court of Missouri · 1893
- Tisdale v. MaxwellSupreme Court of Alabama · 1877
- Gilliland v. GillilandSupreme Court of Missouri · 1888
- Bartlett v. UmfriedSupreme Court of Missouri · 1887
- Schmalhorst v. PeeblesMissouri Court of Appeals · 1897
1 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Brown v. DaughertyU.S. Circuit Court for the District of Missouri · 1903
- Boutwell v. DrinkardSupreme Court of Alabama · 1935
- Ryan v. FordMissouri Court of Appeals · 1910
- Continental Nat. Bank v. NevilleCourt of Appeals for the Ninth Circuit · 1923