Howard v. Hardy
Missouri Court of Appeals
Appeal from Moniteau Circuit Court. — Hon. William H. Martin, Judge. (1) James T. Atkinson, having entered into a contract with his daughter-in-law, Sarah O. Atkinson, for the benefit of the plaintiffs, the latter were entitled to enforce it.
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Appeal from Moniteau Circuit Court. — Hon. William H. Martin, Judge. (1) James T. Atkinson, having entered into a contract with his daughter-in-law, Sarah O. Atkinson, for the benefit of the plaintiffs, the latter were entitled to enforce it. Bank v. Benoist & Hackney, 10 Mo. 524; Robbins v. Ayres, 10 Mo. 542; Manny v. Frasier, 27 Mo. 420; Rogers v. Gosnell, 58 Mo. 590; Schuster v. Railroad, 60 Mo. 292; Cress v. Blodgett, 64 Mo. 452; Utley v. Tolfrey, 77 Mo. 310 ; Meyer v. Lowell, 44 M'o. 331; Flanagan v. Hutchinson, 47 Mo. 239. (2) In order to enable the plaintiffs in this case to enforce…
1Opinion of the CourtEllison, J.
Plaintiffs are the grandchildren of James T. Atkinson, deceased, and the defendant is the administrator of his estate. This action is to compel the defendant tó turn over to plaintiffs a promissory note for $500 and deed of trust, both in his possession, claimed by them to be their property. The judgment in the trial court was for the defendant.
It appears that William Atkinson, who was the son of James, the deceased, executed the note in controversy to James and also a deed of trust on his homestead to secure the same, and that his wife, Sarah, the mother of these plaintiffs, joined him in…
2Cases cited12 opinions
- Williams v. EdwardsSupreme Court of Missouri · 1887
- Rogers v. GosnellSupreme Court of Missouri · 1875
- Banking House of Wilcoxson & Co. v. RoodSupreme Court of Missouri · 1896
- Robbins v. AyresSupreme Court of Missouri · 1847
- Bates v. ForchtSupreme Court of Missouri · 1886
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3Cited by2 opinions
- Estate of Brown v. FulpMissouri Court of Appeals · 1986
- Estate of Brown v. FulpMissouri Court of Appeals · 1986