Hitch v. Stonebraker
Supreme Court of Missouri
Appeal from St. Charles Circuit Cowrt. — Hon. W. W. Edwards, Judge. (1) Defendant’s motion to dismiss because of a defect of parties plaintiff should have been sustained. The bond sued on, was the demand in the case.
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Appeal from St. Charles Circuit Cowrt. — Hon. W. W. Edwards, Judge. (1) Defendant’s motion to dismiss because of a defect of parties plaintiff should have been sustained. The bond sued on, was the demand in the case. It is apparent on the face of the bond, that the curators of the St. Charles College, the obligees in the bond, are the only persons entitled to sue thereon, and that Garner B. Hitch, the plaintiff, is not the obligee, and has no cause of action against the defendant estate. Stonebraker was responsible only to the party to whom he bound himself. Woodworth v. Woodworth, 70 Mo.…
1Opinion of the CourtBrace, J.
On the tenth day of November, 1890, the plaintiff, as trustee of St. Charles College, presented to the probate court of St. Charles county a demand, for allowance against the estate of J. E. Stonebraker, deceased, for $3,000, with six per cent, interest thereon, from the first day of April, 1886, based upon the following bond filed therewith:
“Know all men by these presents, that the undersigned, George B. Johnston, as principal, and John E. Stonebraker, his securities, are held and firmly bound, unto the curators of the St. Charles College, in the sum of $5,000, which payment well and truly…
2Cases cited3 opinions
- Brandon v. CarterSupreme Court of Missouri · 1894
- Gardner v. ArmstrongSupreme Court of Missouri · 1862
- Thompson v. FoerstelMissouri Court of Appeals · 1881
3Cited by7 opinions
- In Re the Trust Under the Last Will & Testament of JacksonMissouri Court of Appeals · 1956
- Hunter v. HunterSupreme Court of Missouri · 1931
- Rawlings v. RawlingsSupreme Court of Missouri · 1933
- Rothenberger v. GarrettSupreme Court of Missouri · 1909
- Holman v. RenaudMissouri Court of Appeals · 1910
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