McKinzie v. Hill
Supreme Court of Missouri
Appeal from Lawrenoe Probate Court. I. If ten years had not elapsed between the maturity of the note and the death oí the maker, or grant of the letters of administration, then it was not barred by the ten years statute, for as soon as Gay died, the statute ceased to run until an administration was had on his estate. The plaintiff certainly had the right to prove facts which would take the case out ot the statute.
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Appeal from Lawrenoe Probate Court. I. If ten years had not elapsed between the maturity of the note and the death oí the maker, or grant of the letters of administration, then it was not barred by the ten years statute, for as soon as Gay died, the statute ceased to run until an administration was had on his estate. The plaintiff certainly had the right to prove facts which would take the case out ot the statute. (Polk, Admr., vs Allen, 19 Mo., 467 J 18 Mo., 22u; 29 Mo., 292; Hanger vs. Abbott, 6 Wall., U. S., 532 ; also Protector, 9 Wall., 687; Levi vs. Stewart, 11 Wall., 244; Stewart vs.…
1Opinion of the CourtWagner, Judge
This was a proceeding originally instituted in the Probate Court of Lawrence County, to obtain the allowance of a demand against the estate of the defendant’s intestate. The defense was the statute of limitations. . The demand consisted of a promissory note for two hundred dollars, dated December 31,1858, and due one day after the date thereof. The record shows that notice was given to the administrator on the 14th day of July, 1868, that the note would be presented for allowance at the next October term of the Probate Court. But at that term the plaintiff did not appear, no presentation was…
2Cases cited6 opinions
- Hanger v. AbbottSupreme Court of the United States · 1868
- Insurance Co. v. FrancisSupreme Court of the United States · 1871
- Polk's Administrator v. AllenSupreme Court of Missouri · 1854
- Richardson v. HarrisonSupreme Court of Missouri · 1865
- M'Donald v. WaltonSupreme Court of Missouri · 1828
1 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Ali Hamza Ahmad al Bahlul v. United StatesCourt of Appeals for the D.C. Circuit · 2014
- Knisely v. LeatheSupreme Court of Missouri · 1914
- McGrath v. St. Louis, Kansas City & Colorado RailroadSupreme Court of Missouri · 1895
- Douthitt v. StinsonSupreme Court of Missouri · 1876
- Thompson v. LyonsSupreme Court of Missouri · 1920
9 more not listed; retrieve them via the Exa API.