Williams v. Gerber
Missouri Court of Appeals
Appeal from the Franklin Circuit Court. — Hon. Rudolph Hirzel, Judge. The payment of the note by Gerber on the fifteenth ■day of May, 1889, extinguished the debt to Wood, and Gerber’s course of action as surety accrued on the day he paid the debt, and the five years limitation bar commenced to run against him at that time.
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Appeal from the Franklin Circuit Court. — Hon. Rudolph Hirzel, Judge. The payment of the note by Gerber on the fifteenth ■day of May, 1889, extinguished the debt to Wood, and Gerber’s course of action as surety accrued on the day he paid the debt, and the five years limitation bar commenced to run against him at that time. Singleton v. Townsend, Adm’r, 45 Mo. 379; Burton v. Rutherford, Adm’r, 49 Mo. 255; McKenzie, Adm’r, v. Hill, 51 Mo. 303; Blake v. Downey, 51 Mo. 437. The mere waiver of notice of presentation of the demand by the administrator did not and could not of itself legally operate…
1Opinion of the Court
Bland, P. J. —
On September 8, 1897, appellants filed the following amended petition in the Franklin county circuit court, to wit:
“Plaintiffs for their amended petition state that the plaintiff, Ellen Williams, is the surviving widow'of *22Alonzo Williams, deceased, who departed this life intestate in the county aforesaid on the 10th day of March, 1889, leaving no children nor their descendants nor other kindred or their descendants, and was at the time of his death seized and possessed of the N. W. kí N. E. % sec. 5, Twp. 43, R. 2, west, containing 41 02-100 acres farm lands situated in said…
2Cases cited2 opinions
- Halliburton v. CarterSupreme Court of Missouri · 1874
- Blake v. DowneySupreme Court of Missouri · 1873
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