Finney v. State
Supreme Court of Missouri
APPEAL from St. Louis Circuit Court. POINTS AND AUTHORITIES. 1st. On the demurrer. The plaintiff’s declaration leaves the. money in the hands of O’Neil until his death, and shows no person ,"o existence who was permitted bylaw to pay it to his successor, or to meddle with it. No administration appears to have been taken on the estate of O’Neil. There was then, no breach of the condition of the bond. This case is not like the case of Dariand vs. Cotton, et. al., 9 Mo.
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APPEAL from St. Louis Circuit Court. POINTS AND AUTHORITIES. 1st. On the demurrer. The plaintiff’s declaration leaves the. money in the hands of O’Neil until his death, and shows no person ,"o existence who was permitted bylaw to pay it to his successor, or to meddle with it. No administration appears to have been taken on the estate of O’Neil. There was then, no breach of the condition of the bond. This case is not like the case of Dariand vs. Cotton, et. al., 9 Mo. R. There, there toas a person in being, who was bound to pay the money to the succeeding administrator; here, there was none.…
1Opinion of the CourtScott, J.
This was an action of debt on an administration bond executed by > Hugh O’Neil, as administrator of the estate of Michael Reilly, de-deased, with the appellee Finney and others as his securities. Phillip McGoWen was joint administrator with Hugh O’Neil. McGowen died, and after him O’Neil. The suit was against the securities of O’Neil. The declaration alledges that McGowen died, and that after his death, O’Neil, the surviving administrator became possessed of S2,877 13, belonging to the estate of Michael Reilly, deceased. It is further alledged, that after O’Neil became possessed of said sum…
2Cases cited3 opinions
- Stout v. CalverSupreme Court of Missouri · 1840
- Davidson v. PeckSupreme Court of Missouri · 1836
- Pratt v. RogersSupreme Court of Missouri · 1837
3Cited by2 opinions
- Ashenbroedel Club v. FinlayMissouri Court of Appeals · 1893
- State ex rel. Brent v. Grace's AdministratorSupreme Court of Missouri · 1857