Kenck v. Parchen
Montana Supreme Court
Atrpeal from District Court, Lewis and Clarke County; 11. R. Buck, Judge. Action by Joseph Kenck, as administrator of the estate of William Craigie, deceased, against Henry M. Parchen and T. H. Kleinschmidt, impleaded with Henry C. Yaeger. From a judgment for plaintiff and an order denying their motion for a new trial, defendants appeal.
Read the full summary
Atrpeal from District Court, Lewis and Clarke County; 11. R. Buck, Judge. Action by Joseph Kenck, as administrator of the estate of William Craigie, deceased, against Henry M. Parchen and T. H. Kleinschmidt, impleaded with Henry C. Yaeger. From a judgment for plaintiff and an order denying their motion for a new trial, defendants appeal. A bond, joint and several on its face, purporting to be that of both principal and sureties, subscribed by the sureties alone, is sued on in this case. At the time of its execution by the sureties it was left with the principal obligor upon the condition that…
1Opinion of the CourtPigott, J.
-From June 23, 3 888, to January 28, 3893, defendant Yaeger was administrator of the estate of William Craigie, deceased. On the day last mentioned his letters were revoked, and on June 12th following plaintiff qualified. On December 2, 1895, in a proceeding against Yaeger for an accounting touching his administratorship, the court found that on September 1, 1889, he had converted to his own use $2,256 of the money of the estate, which sum, with interest thereon at the rate of 6 per cent, per annum from October 1, 1889, amounting in all to $3,090.72, he still owed the estate; and judgment…
2Cases cited10 opinions
- State v. HillNebraska Supreme Court · 1896
- Kurtz v. ForquerCalifornia Supreme Court · 1892
- Botkin v. KleinschmidtMontana Supreme Court · 1898
- Cockrill v. DavieMontana Supreme Court · 1894
- Woodman v. CalkinsMontana Supreme Court · 1893
5 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Southern Surety Co. v. BurneySupreme Court of Oklahoma · 1912
- Smith v. SmithMontana Supreme Court · 1921
- Swanberg v. National Surety Co.Montana Supreme Court · 1930
- Boudinot v. LocustSupreme Court of Oklahoma · 1915
- Greer v. McNealSupreme Court of Oklahoma · 1902
6 more not listed; retrieve them via the Exa API.