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
ON MOTION NOE BEHEADING.
Bond, J.
The learned counsel for respondent cites Thomas v. Liebke, 13 Mo. App. 389, as authority for a rehearing in this cause. The case in question was cited to us in appellant’s brief, and was not overlooked when the decision herein was rendered. If the doctrine of that case is adhered to, it presents an additional *282reason for the conclusion reached by the court. For if the allowed demand is not such a judgment as may be assigned in the statutory mode, then it can derive no aid — as to imparting notice — from such assignment, but can only have the same effect as is…
2Cases cited3 opinions
- Burgess v. CaveSupreme Court of Missouri · 1873
- Tutt v. CouzinsSupreme Court of Missouri · 1872
- Thomas v. LiebkeMissouri Court of Appeals · 1883