State ex rel. Frost v. Creusbauer
Supreme Court of Missouri
Appeal from Phelps Circuit Court. — IIon. V. B. Hill, Judge. This suit was brought by Frost as administrator of the . individual estate of Frank Deegan, deceased, upon a bond executed by Creusbauer, as principal, and the other defendants as sureties. Creusbauer and Deegan had been partners in business, and Creusbauer administered upon the partnership estate, and as administrator 'gave the bond sued on.
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Appeal from Phelps Circuit Court. — IIon. V. B. Hill, Judge. This suit was brought by Frost as administrator of the . individual estate of Frank Deegan, deceased, upon a bond executed by Creusbauer, as principal, and the other defendants as sureties. Creusbauer and Deegan had been partners in business, and Creusbauer administered upon the partnership estate, and as administrator 'gave the bond sued on. It appeared from the petition that he was appointed on the 23rd day of September, 1872, and that the bond was given the 2nd day of January, 1873; that there had been a final settlement of the…
1Opinion of the Court
Sherwood, C. J. —
Deegan and Creusbauer were partners ; Deegan died, and Creusbauer administered on the partnership estate, being appointed for that purpose September 23rd, 1872. This suit is brought on the relation and to the use of Frost, administrator of the estate of Deegan, on a bond executed by Creusbauer and the other defendants on the 2nd day of January, 1873.
I. It is claimed that the petition was insufficient, but we think it otherwise; the alleged breach of the bond consisted in the failure of Creusbauer to pay over to Frost, the administrator of Deegan, the amount, $2,380.44,…
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