North v. Walker's Administrator
Supreme Court of Missouri
Appeal from St. Louis Court of Appeals, The decision of that court is reported in 2 Mo. App. 174. 1. The statute of limitations pleaded by appellant bars the right of respondents to a judgment in bhis case.
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Appeal from St. Louis Court of Appeals, The decision of that court is reported in 2 Mo. App. 174. 1. The statute of limitations pleaded by appellant bars the right of respondents to a judgment in bhis case. Letters testamentary were granted December 10th, 1868. Publication of notice to creditors of the grant of these letters was made December 17th, 1868. The note sued on, by its terms, became due March, 1870. This suit was begun April, 1872, more than two years after the note became due. Prior to the institution of this suit, the note had never been exhibited as a claim or allowed against…
1Opinion of the CourtNorton, J.
— This suit was instituted in the circuit coui’t of St. Louis county, on the 30th of April, 1872. It is founded on a note dated March 14, 1867, for $24,000, payable to plaintiffs three years after date, and executed by one Isaac Walker, with interest at ten per cent, after maturity.
It is alleged that said Walker died in October, 1868, leaving a will in which Thomas A. Walker was appointed executor, to whom letters testamentary were duly issued by the probate court of St. Louis county, on the 10th of December, 1868; that the said Isaac Walker, in his life time, to more effectually secure the…
2Cases cited2 opinions
- Smarr v. McMasterSupreme Court of Missouri · 1864
- Williamson v. AnthonySupreme Court of Missouri · 1871
3Cited by13 opinions
- Bridges v. StephensSupreme Court of Missouri · 1896
- Wernse v. McPikeSupreme Court of Missouri · 1890
- Powell v. PowellMissouri Court of Appeals · 1886
- Wernse v. McPikeSupreme Court of Missouri · 1882
- Hackett, Recr. v. KripkeOhio Court of Appeals · 1939
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