Niehaus v. Cooper

— Appellee, as the administrator of the estate of Catherine Mehaus, deceased, was plaintiff below. The complaint was in four paragraphs. The first charged appellant with conversion of money and property belonging to the decedent to his own use. The second paragraph proceeds upon the theory to recover for money and property which came into appellant’s possession as the agent of decedent. The'third paragraph seeks to charge appellant as executor de son tort. The fourth is upon a promissory note.

Briefly stated, the first paragraph alleges that one John Mehaus died testate December 25, 1880; that…