State ex rel. Jacobs v. Hearst
Supreme Court of Missouri
ERROR TO FRANKLIN CIRCUIT COURT. STATEMERT OP THE CASE. This is a suit instituted to the use of Benjamin II. Jacobs and Polly Jacobs, against George Hearst, administrator of William Hearst, who was one of the securities of Joseph Funk, executor of the last will and testament of John Horine, deceased.
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ERROR TO FRANKLIN CIRCUIT COURT. STATEMERT OP THE CASE. This is a suit instituted to the use of Benjamin II. Jacobs and Polly Jacobs, against George Hearst, administrator of William Hearst, who was one of the securities of Joseph Funk, executor of the last will and testament of John Horine, deceased. Polly Jacobs, formerly Polly Horine, was one of the five children of John Horine, Horine, by his last will, dated 12th December, 1824, directed all his lands lying in Franklin, Washington, and Jefferson counties, to be equally divided between bis five children. He further directed the executor to…
1Opinion of the Court
Scott, judge,
delivered the opinion of tile court.
The facts.of the case abundantly show that the executor,, as such, had' no further use for the money in his hands. Then the duty of paying it over must have arisen. The obligation of paying money, and the duty of receiving it, uniting in the same person, no suit could be brought in the event of an omission to pay. At common law, where such a state of tilings is produced'by the act of the creditor, (lie debt is extinguished, as there is no means of enforcing its payment- The character of creditor and debtor being here united by the act of the…
2Cases cited1 opinion
- Karr's Administrator v. KarrCourt of Appeals of Kentucky · 1837
3Cited by6 opinions
- White v. DitsonMassachusetts Supreme Judicial Court · 1885
- Walker's Administrator v. WalkerSupreme Court of Missouri · 1857
- Tittman v. GreenSupreme Court of Missouri · 1891
- McAdams v. WilsonCourt of Appeals of Texas · 1914
- McAdams v. WilsonCourt of Appeals of Texas · 1914
1 more not listed; retrieve them via the Exa API.