Magner v. Ryan
Supreme Court of Missouri
Appeal from St. Louis Law Commissioner’s Court. This was an action brought by Magner, to recover the amount of a debt due him from Thomas O’Keefe, deceased, against Ryan & Delaney, as executors of their own wrong. The indebtedness was admitted. The following facts appeared in evidence : O’Keefe died owning a lease on a house, the lower story of which he had' occupied as a shoe shop, and the upper story as a boarding house.
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Appeal from St. Louis Law Commissioner’s Court. This was an action brought by Magner, to recover the amount of a debt due him from Thomas O’Keefe, deceased, against Ryan & Delaney, as executors of their own wrong. The indebtedness was admitted. The following facts appeared in evidence : O’Keefe died owning a lease on a house, the lower story of which he had' occupied as a shoe shop, and the upper story as a boarding house. At the time of his death, he had chattels of the value of $180 to $200 in the shop, and household furniture of the value of $100 in the upper story. He left no money to pay…
1Opinion of the Court
Ryland, Judge,
delivered the opinion of the .'court.
I. Do the facts set forth in the statement make'the defend-' ants, Ryan & Delaney, executors of their own wrong, of the estate of Thomas O’Keefe ?
*198It seems that, at the death of O’Keefe, the defendants were the agents o£ his widow, and she, being without means to support the family, having no money on hand to pay the funeral expenses with, or to procure sustenance for herself and children, she being sick at the time, procured Delaney to sell the stock for the purpose of paying the funeral expenses ; that he paid over to her (the widow) all the…
2Cases cited1 opinion
- Rattoon v. OverackerNew York Supreme Court · 1811
3Cited by5 opinions
- Rozelle v. HarmonSupreme Court of Missouri · 1890
- Rozelle v. HarmonMissouri Court of Appeals · 1888
- Swift v. MartinMissouri Court of Appeals · 1885
- Dockery v. SparksMissouri Court of Appeals · 1913
- Wilson v. StaatsNew Jersey Superior Court Appellate Division · 1881