Winn v. Riley
Supreme Court of Missouri
Appeal from Clinton Circuit Court. — IIon. W. S. Herndon, Judge. (1) The court erred in permitting any evidence on the demand. Lindsay v. Archibald, 65 Mo. App. 117. (2) A series of separate and independent transactions running through several years do not constitute an account. Compton v. Johnson, 19 Mo. App. 88. (3) Plaintiff and the decedent, were married prior to the married woman’s act of 1875, and the gifts of the father rested absolutely in the husband.
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Appeal from Clinton Circuit Court. — IIon. W. S. Herndon, Judge. (1) The court erred in permitting any evidence on the demand. Lindsay v. Archibald, 65 Mo. App. 117. (2) A series of separate and independent transactions running through several years do not constitute an account. Compton v. Johnson, 19 Mo. App. 88. (3) Plaintiff and the decedent, were married prior to the married woman’s act of 1875, and the gifts of the father rested absolutely in the husband. Leete v. State Bank, 115 Mo. 184; Kidwell v. Hirkpatrick, 70 Mo. 214. (4) Statutes of limitations are of equal force in equity and at…
1Opinion of the CourtBrace, J.
This is an appeal from a judgment of the circuit court of Clinton county, allowing a demand for $7,814.53 in favor of the plaintiff, Julia A. Winn, widow of J ames N. Winn, deceased, against his estate, on appeal from the probate court of said county.
The demand allowed is as follows:
“The estate of James N. Winn deceased,
To Julia A. Winn, Dr.
“To cash received by deceased at the. times and in the sums following, the same being the separate estate of plaintiff, to wit:
May 15, 1875, to cash.................................... $200 00
May 15, 1875, to cash.................................... 400 00
R…
2Cases cited12 opinions
- Leete v. State Bank of St. LouisSupreme Court of Missouri · 1893
- Westervelt v. . GreggNew York Court of Appeals · 1854
- Hoffmann v. Hoffmann'sSupreme Court of Missouri · 1895
- Hart v. LeeteSupreme Court of Missouri · 1891
- Gilliland v. GillilandSupreme Court of Missouri · 1888
7 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- Rice, Stix & Co. v. SallySupreme Court of Missouri · 1903
- Johnston v. JohnstonSupreme Court of Missouri · 1903
- McElroy v. LynchSupreme Court of Missouri · 1950
- Hurt v. CookSupreme Court of Missouri · 1899
- Grimes v. ReynoldsSupreme Court of Missouri · 1904
15 more not listed; retrieve them via the Exa API.