Monticello Savings Bank v. Stuart
Missouri Court of Appeals
Appeal from the Lewis Circuit Court. — Hon. Edwin R. McKee, Judge. The allowance of this claim in the probate court is not a judgment, but simply an establishment of the indebtedness of the deceased to the claimant. It .was the same character of paper after allowance that it was before. It is still an account, and non-negotiable. Thomas v. Liebke-, 13 Mo.
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Appeal from the Lewis Circuit Court. — Hon. Edwin R. McKee, Judge. The allowance of this claim in the probate court is not a judgment, but simply an establishment of the indebtedness of the deceased to the claimant. It .was the same character of paper after allowance that it was before. It is still an account, and non-negotiable. Thomas v. Liebke-, 13 Mo. App. 389. To effect a valid assignment of this demand it is not necessary that there was a delivery to the assignee of the written memorandum of allowance by the judge of probate. Thdmas v. Liebke, supra. In assignment of non-negotiable…
1Opinion of the CourtBond, J.
Defendant is the administratrix of her deceased husband, and as such filed her final settlement and was discharged at the May term, 1896, of the probate court of Lewis county, Missouri. Plaintiff at said term claimed to be the assignee of an allowed demand against the estate which had not been paid, and on that account moved the court to set aside the final settlement of defendant and order the payment of the demand. The probate court overruled this motion, whereupon plaintiff appealed to the circuit court, where it was sustained, hence this appeal by defendant.
The cause was submitted to the…
2Cases cited2 opinions
- Knapp, Stout & Co. v. StandleyMissouri Court of Appeals · 1891
- Chemical Bank v. BulkleyMissouri Court of Appeals · 1897