Mosman v. Bender
Supreme Court of Missouri
Appeal from Buchanan Circuit Court. — HoN. Wm. H. Sherman, Judge. The plaintiff cannot maintain this suit upon tbe contract set out in tbe petition, in bis representative capacity as administrator of Moss, and any defense can be made by defendant which could be made against Mosman, were he suing as an individual. Harney v. Dutoher, 15 Mo. 89, and cases there cited. The administrator cannot charge the estate with any indebtedness.
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Appeal from Buchanan Circuit Court. — HoN. Wm. H. Sherman, Judge. The plaintiff cannot maintain this suit upon tbe contract set out in tbe petition, in bis representative capacity as administrator of Moss, and any defense can be made by defendant which could be made against Mosman, were he suing as an individual. Harney v. Dutoher, 15 Mo. 89, and cases there cited. The administrator cannot charge the estate with any indebtedness. Taylor v. Wyatt, 26 Conn. 184; Tlalloeh v. Smith, 16 Reporter 778. The statute withholds from the administrator the authority to assign, release, or in any way to…
1Opinion of the Court
Ewing, C.
The petition in this canse alleges that Geo. B. Moss obtained judgment against Willis M. Slier-wood, Lyman "W. Dinsmore and James T. Beach for $571, and died; that afterwards the plaintiff, Mosman, was appointed his administrator; that said judgment was a lien upon the real estate of the said Willis M. Sherwood and James T. Beach, defendants therein, and an execution was issued and levied on certain lands belonging to them, and the same were advertised for sale to satisfy said execution. That at said time the defendant and one James Hunter were about to become interested in the lands…
2Cases cited13 opinions
- Rogers v. GosnellSupreme Court of Missouri · 1873
- Gamble v. GibsonSupreme Court of Missouri · 1875
- Estate of Merritt v. MerrittSupreme Court of Missouri · 1876
- Benkendorf v. VincenzSupreme Court of Missouri · 1873
- Judge v. BoogeSupreme Court of Missouri · 1871
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3Cited by7 opinions
- Posthlewaite v. GhiselinSupreme Court of Missouri · 1888
- Moorhouse v. DonacaOregon Supreme Court · 1887
- Boatmen's National Bank v. BollesSupreme Court of Missouri · 1947
- Tittman v. ThorntonSupreme Court of Missouri · 1891
- Flint-Walling Manufacturing Co. v. BallMissouri Court of Appeals · 1891
2 more not listed; retrieve them via the Exa API.