Fudge v. Durn
Supreme Court of Missouri
Error to Cass County Circuit Court. I. This administrator had given bonds to “ pay and deliver ail money of said estate, ” and notwithstanding the decision in State ex rel., Townshend vs. Meagher, etal., 14 Mo., 356. We submit that, under the terms of his bond (1 W. S., p. 73, §§ 17, 18,) he is bound to higher responsibility than an ordinary bailee, and cannot discharge such liability, by showing that the money was stolen. (Boydenvs.
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Error to Cass County Circuit Court. I. This administrator had given bonds to “ pay and deliver ail money of said estate, ” and notwithstanding the decision in State ex rel., Townshend vs. Meagher, etal., 14 Mo., 356. We submit that, under the terms of his bond (1 W. S., p. 73, §§ 17, 18,) he is bound to higher responsibility than an ordinary bailee, and cannot discharge such liability, by showing that the money was stolen. (Boydenvs. United States, 13 Wall., 17; JBevans vs. United States, id., 56; United States vs. Prescott, 3 How., 578 ; United States vs. Keehler, 9 Wall., 83; United States…
1Opinion of the CourtAdams, Judge
This cause originated in the Common Pleas Court of Cass county, upon an application by the plaintiff as administrator of the estate of Jewel, deceased, to make a final settlement for the purpose of resigning his letter’s of administration.
The administrator notified the distributees, who were the only parties interested, and appeared and filed written objections to his report, and objected to all the vouchers except No. 17, which was for $444.00 alleged in the report to have been lost by robbery. But notwithstanding there was no specific objection to this voucher, the Common Pleas Court acting…
2Cases cited3 opinions
- Boyden v. United StatesSupreme Court of the United States · 1872
- State ex rel. Townshend v. MeagherSupreme Court of Missouri · 1869
- Foster v. DavisSupreme Court of Missouri · 1870
3Cited by11 opinions
- State ex rel. the Township v. PowellSupreme Court of Missouri · 1878
- Booker v. ArmstrongSupreme Court of Missouri · 1887
- Greenwell v. CrowSupreme Court of Missouri · 1881
- State ex rel. Crider v. WagersMissouri Court of Appeals · 1892
- Mosman v. BenderSupreme Court of Missouri · 1883
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