Knox County Savings Bank v. Cottey
Supreme Court of Missouri
Appeal from Knox Circuit Court. This was an action against Louis F. Cottey as administrator de bonis non of the partnership estate of the late firm of Johnson Y. Strode & Son, on a note executed by said firm and one Gardner.
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Appeal from Knox Circuit Court. This was an action against Louis F. Cottey as administrator de bonis non of the partnership estate of the late firm of Johnson Y. Strode & Son, on a note executed by said firm and one Gardner. The firm had been composed of Johnson Y. Strode and Jeremiah S. Strode, but the latter had died, and Sylvester Shultz had been appointed his. administrator, while J. Y. Strode, as surviving partner, administered the partnership estate until he was removed and defendant, Cottey, was appointed in his stead. Other facts appear in the opinion. Plaintiff’ took a joint judgment…
1Opinion of the Court
Norton, J. —
On the trial of this cause in the circuit court, defendant offered in evidence the record of a suit instituted in the Knox county circuit court on the note now in controversy, in which suit Johnson V.'Strode was sued together with Sylvester Shultz as the administrator of the individual estate of Jeremiah S. Strode, deceased, and one Riley Gardner. This suit was dismissed by the circuit court as to Johnson Y. Strode, and judgment was rendered against said Gardner, and Shultz as administrator, and leave was given to withdraw the note sued on. This evidence was rejected by the trial…
2Cases cited4 opinions
- Gates v. WatsonSupreme Court of Missouri · 1874
- Oldham v. HendersonSupreme Court of Missouri · 1836
- Armstrong v. PrewittSupreme Court of Missouri · 1838
- Bryant v. HawkinsSupreme Court of Missouri · 1871
3Cited by4 opinions
- Glenn v. HuntSupreme Court of Missouri · 1894
- Phœnix Mutual Life Insurance v. LandisMissouri Court of Appeals · 1892
- Rigler v. McClureMissouri Court of Appeals · 1915
- McLean v. McAllisterMissouri Court of Appeals · 1888