Headlee v. Cloud
Supreme Court of Missouri
Jlppeal from, Newton Circuit Court. Plaintiff as administrator, sued Cloud & Ritcby on a note and certain account, due to the firm of Caynor & Co. Other . facts appear in the opinion of the court.
1Opinion of the CourtAdams, Judge
This case comes up on a demurrer to the petition. In the caption of the petition, the plaintiff describes himself “as public administrator,” having charge of the partnership estate of John H. Caynor & Co., but it nowhere appears in the petition, by any allegation, that he was public administrator of *302Greene County. The caption is simply a desoriptio personas and not a substantive allegation. The petition by proper averments ought to show the authority of the plaintiff, to bring such a suit. (State to use of Tapley’s Admr. vs. Matson, 38 Mo., 189.)
The demurrer also raises the objection that a…
2Cited by11 opinions
- Becraft v. LewisMissouri Court of Appeals · 1890
- Reynolds v. McMullenMichigan Supreme Court · 1885
- Wolff v. WardSupreme Court of Missouri · 1891
- Green v. TittmanSupreme Court of Missouri · 1894
- State ex rel. Jones v. Mallinckrodt Chemical WorksSupreme Court of Missouri · 1913
6 more not listed; retrieve them via the Exa API.