State ex rel. Koch v. Roeper
Supreme Court of Missouri
Appeal from St. Louis Court of Appeals. (1) The exclusion by the referee of the annual settlements made by tlie guardian was erroneous. While such settlements stand they are prima facie, and as such entitled to he introduced in evidence. (2) Under the facts and circumstances of this case, until the guardian’s final settlement was passed upon by the probate court there was no breach of the bond sued upon.
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Appeal from St. Louis Court of Appeals. (1) The exclusion by the referee of the annual settlements made by tlie guardian was erroneous. While such settlements stand they are prima facie, and as such entitled to he introduced in evidence. (2) Under the facts and circumstances of this case, until the guardian’s final settlement was passed upon by the probate court there was no breach of the bond sued upon. (3) The finding of the referee “ that all of the investments made by defendant, Roeper, of the money of the relator was contrary to law and wrongfully made,” is against the undisputed…
1Opinion of the Court
Martin, C.
This was an action against the principal and sureties and of a guardian’s bond brought by the ward after he had reached his majority. It is alleged in the petition that Bernard Roeper, as guardian of plaintiff, had received the sum of $10,904.43 in cash, and $1,031 in notes, on which notes he had collected $31.75; that said sums with interest became payable to the relator in October, 1877, when he arrived at his majority, but had net been paid. The guardian and one surety filed a joint answer, admitting the receipt of the money and notes, and setting up payments to and on account of…
2Cases cited7 opinions
- Union Savings Ass'n v. EdwardsSupreme Court of Missouri · 1871
- Picot v. O'FallonSupreme Court of Missouri · 1864
- Western Boatmen's Benevolent Ass'n v. KribbenSupreme Court of Missouri · 1871
- Cheltenham Fire-Brick Co. v. CookSupreme Court of Missouri · 1869
- State ex rel. Thornton v. HosterSupreme Court of Missouri · 1876
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3Cited by10 opinions
- Myers v. MyersSupreme Court of Missouri · 1889
- Tittman v. GreenSupreme Court of Missouri · 1891
- Lycett v. WolffMissouri Court of Appeals · 1891
- State of Missouri ex rel. Stormfeltz v. Title Guaranty & Surety Co.Court of Appeals for the Eighth Circuit · 1934
- Hawk v. SaylerSupreme Court of Kansas · 1911
5 more not listed; retrieve them via the Exa API.