Brooks v. Mastin
Supreme Court of Missouri
Error to Jackson Special Law and Equity Court. — Hon. R. E. Cowan, Judge. -This was a suit by Brooks, the public administrator of Cass county, in charge of the estate of James R. Cline, deceased. The petition was in two counts..
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Error to Jackson Special Law and Equity Court. — Hon. R. E. Cowan, Judge. -This was a suit by Brooks, the public administrator of Cass county, in charge of the estate of James R. Cline, deceased. The petition was in two counts.. The first stated, in substance, that the defendants, on the 18th day of June, 1872, executed and delivered a promissory note in favor of James Blair, Jr., and Nettie Cline, as administrators of the estate of said James R. Cline, and payable to their order for the sum of $4,574.75 ; that the said Blair and Nettie Cline were then administrator and administratrix of the…
1Opinion of the CourtHenry, J.
It is not alleged in the first count that the
note sued on was ever in the possession of plaintiff, or that it has not been paid to his predecessors, or their assignee. For aught that appears in the .petition, it may have been paid to the former administrators, or assigned by them to an innocent purchaser. Conceding that the execution of a note for a pre-existing debt, is not a payment, as held in the eases of the Steamboat Charlotte v. Hammond, 9 Mo. 60; McMurray v. Taylor, 30 Mo. 266, and Howard et al., v. Jones, 53 Mo. 584; yet the party relying upon that principle, in a suit upon the…
2Cases cited4 opinions
- City of St. Louis v. FitzSupreme Court of Missouri · 1873
- Rittenhouse v. AmmermanSupreme Court of Missouri · 1876
- Cook's v. HolmesSupreme Court of Missouri · 1859
- Thomas v. RelfeSupreme Court of Missouri · 1845
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