Comstock v. Keating
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — No». John A. Blevins, Judge. The circuit court erred in sustaining plaintiff’s motion to strike out parts of defendant’s answer.
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Appeal from St. Louis City Circuit Court. — No». John A. Blevins, Judge. The circuit court erred in sustaining plaintiff’s motion to strike out parts of defendant’s answer. The petition does not state facts sufficient to constitute a cause of action because the liability of one surety to another one for contribution is based entirely and solely upon statutory provisions, and there is no statutory provision for contribution on behalf of the legatees or devisees of a deceased person for a co-security in the event of the co-surety having paid a liability on a bond. R. S. 1899, secs. 889, 890 and…
1Opinion of the CourtGoode, J.
— Equitable relief is invoked by the respondent against the appellants Mary Keating and Ella Butler, who are the widow and daughter of William • Keating, deceased, and his legatees. Said Keating died testate in March, 1898, having appointed Mary Keating, his widow, and Edward Butler, Jr., husband of his daughter Ella, to be executrix and executor of his will. The estate was duly administered and finally settled December 13, 1901, at which time the executor and executrix were discharged. Each of the appellants received, as legatees, more than $2,000 as her distributive share of the estate. The…
2Cases cited15 opinions
- Miller v. WoodwardSupreme Court of Missouri · 1843
- McMahan v. GeigerSupreme Court of Missouri · 1880
- Zollickoffer v. SethCourt of Appeals of Maryland · 1876
- Woodward v. WoodwardSupreme Court of Missouri · 1899
- State Bank v. BartleSupreme Court of Missouri · 1893
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3Cited by5 opinions
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- Union Trust Co. v. ShoemakerAppellate Court of Illinois · 1912
- Lashbrooke v. ColeSupreme Court of Arkansas · 1916