Henderson's Administrator v. Henderson
Supreme Court of Missouri
Appeal from Platte Circuit Court. Action on a note by John Henderson’s administrator de bonis. non against Joseph Henderson.
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Appeal from Platte Circuit Court. Action on a note by John Henderson’s administrator de bonis. non against Joseph Henderson. The answer set up these de-fences: 1st, That John Henderson, before his death, “gave the note to the defendant, and made arrangements to have it delivered up to him, which was neglected to be done 2d, That the county court of Platte county, having probate jurisdiction, “ released the executor of the estate of John Henderson, and by its judgment determined that the defendant was not liable for the payment of the note and, 3d, The statute of limitations. But this last…
1Opinion of the CourtLeonard, Judge
I. There is no error in this record except in the finding of the facts, which is clearly insufficient. Indeed, there is no finding as to the matters set up in the answer in bar of the plaintiff’s recovery upon the note, which are the only facts put in issue by the pleadings, and, therefore, if these matters constitute a good defence, the judgment must be reversed ; but if they would not avail the defendant, assuming them to be true, the defective finding cannot prejudice him, and is no ground for a reversal. We proceed to examine the several defences relied upon, in connection with the…
2Cited by3 opinions
- McFarland v. Baze's AdministratorSupreme Court of Missouri · 1857
- Marling v. MarlingWest Virginia Supreme Court · 1876
- Irwin v. JohnsonSupreme Court of New Jersey · 1882