Ryan v. Ford
Missouri Court of Appeals
Appeal from Cedar Circuit Court. — -Bow. B. G. Thurman, Judge. (1) Plaintiff’s right of action, if any ever existed, was, at the time the suit was filed, barred by limitations. Rosenberger v. Rosenberger, 92 Mo. App>. 27; Smith v. Seattle, 128 Mo.
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Appeal from Cedar Circuit Court. — -Bow. B. G. Thurman, Judge. (1) Plaintiff’s right of action, if any ever existed, was, at the time the suit was filed, barred by limitations. Rosenberger v. Rosenberger, 92 Mo. App>. 27; Smith v. Seattle, 128 Mo. App. 379; Reed v. Painter, 145 Mo. 346. (2) Disregarding the incompetent,, irrelevant and immaterial testimony, as this court will do on review, the case being in equity, plaintiff failed to prove a case, and the judgment should have been for the defendant; and the same is true upon the consideration of all the testimony as it stands. Johnson v.…
1Opinion of the CourtGray, J.
This is a suit by the administrator of the estate of Susan Naudain, against J. R. Ford, the executor of the estate of James S. Naudain, to recover the proceeds of a promissory note for $1600. The note was dated October 6, 1903, due five years from date, and payable to James S. Naudain and Susan Naudain. The payees were husband and wife.
Susan Naudain died intestate in March, 1907, and James S. Naudain died testate in August, of the same year. They were married in Illinois about the year 1878. Mrs. Naudain, prior to her marriage, was a widow of Barnabas Collier, who died in Illinois. There was…
2Cases cited9 opinions
- Johnston v. JohnstonSupreme Court of Missouri · 1903
- Wait v. BoveeMichigan Supreme Court · 1877
- Tisdale v. MaxwellSupreme Court of Alabama · 1877
- Reed v. PainterSupreme Court of Missouri · 1898
- Smith v. SettleMissouri Court of Appeals · 1908
4 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Walker v. BakerTexas Supreme Court · 1946
- In the Matter of Gary Gene Wetteroff, Bankrupt. Gary Gene Wetteroff, and Joan M. Wetteroff v. Sheldon D. Grand, TrusteeCourt of Appeals for the Eighth Circuit · 1972
- State Bank of Poplar Bluff v. ColemanMissouri Court of Appeals · 1951
- Lomax v. CramerMissouri Court of Appeals · 1919
- Cann v. M & B DRILLING COMPANYMissouri Court of Appeals · 1972
3 more not listed; retrieve them via the Exa API.