Smith v. Zimmerman
Missouri Court of Appeals
Appeal from Buchanan Circuit Court, 1-Ion. Joseph P. G-rubb, Judge. The case is stated in the opinion. I. In this case the plaintiff sues as administrator, but failed to file with the note a statement showing that he was administrator. Wait’s Law & Prac. 313; Murray v. IlendricJcson, 6 A. B. B. 96 ; 1 Boswell, 635. There is a distinguishable difference between a case instituted by the assignee of a note, and the case at bar.
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Appeal from Buchanan Circuit Court, 1-Ion. Joseph P. G-rubb, Judge. The case is stated in the opinion. I. In this case the plaintiff sues as administrator, but failed to file with the note a statement showing that he was administrator. Wait’s Law & Prac. 313; Murray v. IlendricJcson, 6 A. B. B. 96 ; 1 Boswell, 635. There is a distinguishable difference between a case instituted by the assignee of a note, and the case at bar. The assignee, by becoming the owner of the note, becomes the owner of the cause of action. An administrator has no interest in the note or the cause of action, and is…
1Opinion of the CourtHall, J.
This suit was instituted before a justice of the peace on a promissory note executed by the defendant and payable to O. M. Smith, deceased. The suit was brought by the administrator of said O. M. Smith, and was docketed as follows: “Thomas M. Smith, administrator of the' estate' of O. M. Smith, deceased, v. E. C. Zimmerman.” The plaintiff filed with the justice of the peace no petition or statement of his cause of action, but simply filed the note in suit. An appeal was taken by the plaintiff to the circuit court from a judgment against him. In the latter court the defendant, on the trial,…
2Cases cited2 opinions
- Butts v. PhelpsSupreme Court of Missouri · 1883
- Mastin Bank v. HammersloughSupreme Court of Missouri · 1880
3Cited by4 opinions
- Austin v. CallowayWest Virginia Supreme Court · 1913
- Collins v. BurrusMissouri Court of Appeals · 1896
- Roman v. Boston Trading Co.Missouri Court of Appeals · 1901
- Ocean Accident & Guarantee Corp. v. Highway Transportation Co.Missouri Court of Appeals · 1932