Orrick v. Vahey
Supreme Court of Missouri
Appeal from Ray Court af Common Pieas. Even if the partnership estate should be regarded as a distinct and independent estate, and the administrator in charge of both as acting in two entirely different capacities, his sureties on his general administration bond are liable for the distributive share of the deceased partner, and not his sureties on the bond given in respect to the'partnership estate. (Wagn.
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Appeal from Ray Court af Common Pieas. Even if the partnership estate should be regarded as a distinct and independent estate, and the administrator in charge of both as acting in two entirely different capacities, his sureties on his general administration bond are liable for the distributive share of the deceased partner, and not his sureties on the bond given in respect to the'partnership estate. (Wagn. Stat. 73, § 18; id. 79, §§ 59, 60; id. 109, § 11; Schnell v. Schroeder, 1 Bail. Ch. 884 ; The People v. White, 11 111. 341; Ennis v. Smith, 14 How. 400 ; Pratt v. Northern, 5 Mason, 95 ;…
1Opinion of the CourtWagner, Judge
The question here relates to the liability of sureties on an administrator’s bond. It seems that Orrick was appointed administrator on the estate of Mark D. Yahey, deceased, and that he duly qualified and gave bond. Yahey had been in partnership with one Jennings, and the latter neglecting to administer on the partnership effects as provided for by statute, Orrick also took out letters of administration on the partnership estate, and gave the additional bond required. The latter bond was only for $1,000, and was grossly inadequate in amount, and the Probate Court was palpably remiss in its…
2Cases cited4 opinions
- Blair v. Perpetual InsuranceSupreme Court of Missouri · 1847
- Bredow v. Mutual Savings InstitutionSupreme Court of Missouri · 1859
- State ex rel. Watts v. BoonSupreme Court of Missouri · 1869
- Nolley v. Callaway County CourtSupreme Court of Missouri · 1848
3Cited by5 opinions
- Hargadine v. GibbonsMissouri Court of Appeals · 1891
- Matney v. Gregg Bros. Grain Co.Missouri Court of Appeals · 1885
- Home Savings Bank v. TraubeSupreme Court of Missouri · 1881
- Anderson v. JohnsonOregon Supreme Court · 1935
- Sykes v. WhiteCourt of Appeals of Tennessee · 1931