Lessing, Mayer & Co. v. Vertrees
Supreme Court of Missouri
Error to Ray Circuit Court. Henry Binswanger, as administrator of Solomon Binswanger, deceased, had sold the goods of the intestate, and taken in payment the notes of the defendants, Yertrees et al., payable to himself as administrator, and upon such notes, upon default of payment, had obtained judgment. The plaintiffs, having obtained judgment against Henry Binswanger, issued execution and summoned the defendants, Yertrees et al., as garnishees of said Henry.
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Error to Ray Circuit Court. Henry Binswanger, as administrator of Solomon Binswanger, deceased, had sold the goods of the intestate, and taken in payment the notes of the defendants, Yertrees et al., payable to himself as administrator, and upon such notes, upon default of payment, had obtained judgment. The plaintiffs, having obtained judgment against Henry Binswanger, issued execution and summoned the defendants, Yertrees et al., as garnishees of said Henry. The garnishees answered, setting up the purchase of the goods and giving of the notes to Henry as administrator, and concluded by…
1Opinion of the CourtBay, Judge
The question presented for our consideration in this case is, whether the personal property and effects of a decedent, in the hands of his executor or administrator, can be seized by a judgment creditor of such executor or administrator, and applied to the payment of the individual indebtedness of such executor or administrator.
The plaintiff in error contends for the affirmative of this proposition, and relies chiefly upon the decision of the Supreme Court of this State, in Lecompte v. Sergeant, 7 Mo. 351, in which Judge Tompkins, in delivering the opinion of the count, said: “ No principle…
2Cases cited2 opinions
- Vaughn v. Bank MissouriSupreme Court of Missouri · 1845
- Lacompte v. SeargentSupreme Court of Missouri · 1842
3Cited by7 opinions
- Johnson v. Payne & Williams BankMissouri Court of Appeals · 1894
- Smarr v. McMasterSupreme Court of Missouri · 1864
- Stephens v. Mayor of BoonevilleSupreme Court of Missouri · 1864
- Mosman v. BenderSupreme Court of Missouri · 1883
- Simon v. RyanMissouri Court of Appeals · 1903
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