Lay v. Mechanics' Bank
Supreme Court of Missouri
Appeal from Benton County Circuit Court. I. Plaintiff sues on a demand accruing since' the death of his intestate. The notes, according to the answer, were all due before his death. In such case it is well settled that the' latter cannot be set off against the former. (Chit. Oontr., 849 ; 2 Will.
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Appeal from Benton County Circuit Court. I. Plaintiff sues on a demand accruing since' the death of his intestate. The notes, according to the answer, were all due before his death. In such case it is well settled that the' latter cannot be set off against the former. (Chit. Oontr., 849 ; 2 Will. Ex’s, 1700Woodward vs. Thornton, 8 Mo., 161; White vs. Henly, 54 Mo., 592.) 1. The affidavit required by the claimant in making proof, must state that claimant has given the estate credit for all payments and oft’-sets to which it is entitled, and the claimant can only be allowed the balance after…
1Opinion of the CourtNapton, Judge
This suit was commenced in 1870. The petition alleged that Leach died in June, 1861, and that in April, 1863; letters of administration were taken out by his widow, Rachel Leach, and that her marriage in 1869 revoked these letters, and that in 1870, letters de bonis non were granted to plaintiff, Lay.
*74It- is alleged then, tbat Leach owned 31 shares of stock in the Mechanics’ Bank; that since his death dividends have accrued and been declared on this stock amounting to $2,000; and judgment is asked for this. It is further averred, in what may be termed a second count, that Leach deposited in…
2Cases cited1 opinion
- Stiles v. SmithSupreme Court of Missouri · 1874
3Cited by5 opinions
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- First Nat. Bank of Indianola v. MaloneCourt of Appeals for the Eighth Circuit · 1935