Smith v. Paris
Supreme Court of Missouri
Appeal from Greene Circuit Court.-Hon. W. E. Geiger, Judge. This was a suit upon a note made by defendant Paris with defendants Holland and Bigbee as sureties. The note was given in settlement of a demand which bad been allowed against the estate of John Young deceased, of which Paris had been administrator.
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Appeal from Greene Circuit Court.-Hon. W. E. Geiger, Judge. This was a suit upon a note made by defendant Paris with defendants Holland and Bigbee as sureties. The note was given in settlement of a demand which bad been allowed against the estate of John Young deceased, of which Paris had been administrator. The defense was that the note had been given by Paris, who was an illiterate man, under the mistaken belief that he had in his hands sufficient assets of the estate to pay the debt; that he had been led into this belief by errors in accounting committed by the officers of the probate…
1Opinion of the Court
Napton, J. —
This case was sent back to the circuit court in 1873, (see Smith et al., v. Paris, 53 Mo. 274,) with *617a view to let in the evidence offered by defendant to establish the truth of his answer, which had been rejected by the circuit court. When the case was again called in.the circuit court, it appearing to that court that the matters in issue involved the examination of long accounts as well as the entire business pertaining to the estate of John Young, deceased, of which Paris, the defendant, was administrator, the court appointed, a referee, and he was required to investigate some…
2Cases cited2 opinions
- Walton v. WaltonSupreme Court of Missouri · 1852
- Smith v. ParisSupreme Court of Missouri · 1873
3Cited by6 opinions
- Roth v. Continental Wire Co.Missouri Court of Appeals · 1902
- Edwards v. Bates CountyU.S. Circuit Court for the District of Western Missouri · 1893
- Dale v. HoganMissouri Court of Appeals · 1890
- Raines v. John Lumpee & Co.Missouri Court of Appeals · 1899
- Crowell v. Metta.Missouri Court of Appeals · 1923
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