Wasson v. Boland
Missouri Court of Appeals
Appeal from Putnam Circuit Court. — Hon. George W. Wanmnaher, Judge. (1) The notice waived by the administrators was given just four days before the two years statute of limitations would expire; there was nothing in the notice to indicate when the demand would be “exhibited to the court for allowance” and in fact there was no court to which it could have been' exhibited; hence the original demand was barred before the demand was presented for allowance.
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Appeal from Putnam Circuit Court. — Hon. George W. Wanmnaher, Judge. (1) The notice waived by the administrators was given just four days before the two years statute of limitations would expire; there was nothing in the notice to indicate when the demand would be “exhibited to the court for allowance” and in fact there was no court to which it could have been' exhibited; hence the original demand was barred before the demand was presented for allowance. R. S. 1899, secs. 188, 189,197; Bank v. Bur-gin, 73 Mo. App. 108. (2) If the statutes pleaded in the amended demand and section 1616 of the…
1Opinion of the CourtEllison, J.
Plaintiff filed a demand against the estate of John Boland, deceased, in the probate court of Putnam county, based on a bank certificate of deposit. The case was appealed to the circuit court where the plaintiff had judgment for the amount, less credits.
It appears that the Bank of Lineville did business as a corporation in Iowa until at the expiration of twenty years its franchise expired under the terms of the statute of that State. That after the expiration of the life of the charter the bank continued business, as before, for several years, when it became insolvent and was placed in charge…
2Cases cited11 opinions
- Scovill v. GlasnerSupreme Court of Missouri · 1883
- Fields v. MaloneySupreme Court of Missouri · 1883
- Clausen v. HeadWisconsin Supreme Court · 1901
- Ross v. Cleveland & Aurora Mineral Land Co.Supreme Court of Missouri · 1901
- Buel v. St. Louis Transfer Co.Supreme Court of Missouri · 1870
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3Cited by3 opinions
- Philadelphia, Baltimore & Washington Railroad v. GattaSupreme Court of Delaware · 1913
- Douglass Candy Co. v. ShenkMissouri Court of Appeals · 1917
- Curtice v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1916