Wernse v. McPike
Supreme Court of Missouri
Error to Palls Circuit Court. — Hon. Theodobe BbacE, Judge. (1) The claimants having been misled by the action of the Ralls probate court in classing the judgment of the St. Louis circuit court, on personal appearance of administrator, their claim was not, under those circumstances, barred against the estate for want of presentment of original note within the two years.
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Error to Palls Circuit Court. — Hon. Theodobe BbacE, Judge. (1) The claimants having been misled by the action of the Ralls probate court in classing the judgment of the St. Louis circuit court, on personal appearance of administrator, their claim was not, under those circumstances, barred against the estate for want of presentment of original note within the two years. Fenn v. Bugdale., 81 Mo. 580 ; Tesis v. Tesis, 28 Mo. 256 ; Williamson v. Anthony, 47 Mo. 299; Pfeiffer v. Suess, 73 Mo. 248; Boone v. Shackelford, 66Mo. 493 ; Norths. Walker, 66 Mo. 453. (2) The claimants, by reason of the…
1Opinion of the CourtNorton, J.
— It appears from the record in this case that Abraham McPike was the endorser on a note for three thousand dollars, dated the twenty-third of December, 1872; that he died before the maturity of the note, and letters of administration were granted on his estate to defendant, H. C. McPike, on the twenty-eighth day of January, 1873,- by the probate court of Ralls county ; that payment of said note was, at its maturity, demanded, which being refused, it was duly protested, of which the defendant as administrator was duly notified ; that thereafter suit was instituted in the circuit court of St.…
2Cases cited5 opinions
- Mulloy v. LawrenceSupreme Court of Missouri · 1862
- North v. Walker's AdministratorSupreme Court of Missouri · 1877
- Tevis v. Tevis' AdministratorSupreme Court of Missouri · 1856
- Wernse v. McPikeSupreme Court of Missouri · 1882
- Williamson v. AnthonySupreme Court of Missouri · 1871
3Cited by3 opinions
- Wernse v. McPikeSupreme Court of Missouri · 1890
- Bealey v. SmithSupreme Court of Missouri · 1900
- Gwin v. WaggonerSupreme Court of Missouri · 1893