Gregory v. McCormick
Supreme Court of Missouri
Appeal from St. Louis City Circuit -Court. — Hon. D. D. Eisher, Judge. (1) The .court erred in refusing to give the instruction in the nature,of a demurrer to the evidence offered by appellant at the close of respondent’s case in chief, and again at the close of appellant’s case.
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Appeal from St. Louis City Circuit -Court. — Hon. D. D. Eisher, Judge. (1) The .court erred in refusing to give the instruction in the nature,of a demurrer to the evidence offered by appellant at the close of respondent’s case in chief, and again at the close of appellant’s case. A foreign executor or administrator has no power beyond the limits of the state granting his letters, and no right to maintain, beyond such limits, an action to recover assets, unless expressly permitted by the law of the state in which such action is brought. McCarty v. Hall, 13 Mo. 488; Morton v. Hatch, 54 Mo. 411;…
1Opinion of the CourtBkace, J.
This is an action upon a promissory note, as follows:
“$5,000. Kansas City, Mo., February 21,1890.
“Six months after date, for value received, I promise to pay to George H. Paul, or order, five thousand dollars, at the Commercial Bank of Milwaukee, Wisconsin, with interest after date at the rate of' eight per cent, per annum until paid.
“'Waltek P. Bishop. “Due August 21,1890. R. P. McCokmick.”
The petition is in the usual form on a negotiable-promissory note, prefaced with the following averment: “Plaintiff states that on the. eighteenth day of May,, 1890, George H. Paul departed this life, and…
2Cases cited9 opinions
- McPike v. McPikeSupreme Court of Missouri · 1892
- Spillane v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1892
- State ex rel. Saline County v. SappingtonSupreme Court of Missouri · 1878
- Fuggle v. HobbsSupreme Court of Missouri · 1868
- Naylor's Administrator v. MoffattSupreme Court of Missouri · 1859
4 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Scrivner v. American Car and Foundry Co.Supreme Court of Missouri · 1932
- Security-First Nat. Bank v. KingWyoming Supreme Court · 1933
- Turner v. Alton Banking & Trust Co.Court of Appeals for the Eighth Circuit · 1948
- Lefebure v. BakerMontana Supreme Court · 1923
- Hill v. BartonMissouri Court of Appeals · 1916
14 more not listed; retrieve them via the Exa API.