Martin v. Knapp
Supreme Court of Missouri
appeal from, St. Louis Circuit Court. The bond sued on, taken in connection with its conditions, is not a writing for the payment of money; and the period of limitation is five years, and not ten. (Glen. Stat. 1865, ch. 191, §§ 9, 10; Little v. Mercer, 9 Mo. 221; Crigler v. Quarles, 10 Mo. 324.) The action against the securities on the bond is not limited to five years.
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appeal from, St. Louis Circuit Court. The bond sued on, taken in connection with its conditions, is not a writing for the payment of money; and the period of limitation is five years, and not ten. (Glen. Stat. 1865, ch. 191, §§ 9, 10; Little v. Mercer, 9 Mo. 221; Crigler v. Quarles, 10 Mo. 324.) The action against the securities on the bond is not limited to five years. In the revision of 1855, the words “ direct,” before “payment,” and “debt,” after the word “action,” as they appear in the revision of 1845, are intentionally omitted. This ten-year limitation of 1855 is broad enough to…
1Opinion of the CourtCurrier, Judge
The Probate Court of St. Louis county appointed John W. Wills administrator upon the estate of John Martin, deceased. *49Wills accepted the appointment, and duly filed his administration bond in the penal sum of $12,000, with the defendants as his sureties. The bond bears date August 29-, 1856, the condition thereto providing that “if John W. Wills, administrator of the estate of John Martin, deceased, shall faithfully administer said estate, account for, pay, and deliver all money and property of said estate, and perform all other things touching said administration, required by law, or the…
2Cited by9 opinions
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- Sherrita Harris v. Hartford Fire Insurance Co.Court of Appeals for the Eighth Circuit · 2015
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