Trapp v. Mersman
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court.—How. J. Hugo Grimm, Judge. (1) A foreign domiciliary executor or administrator cannot maintain an action in Missouri upon an asset having its situs in this State. McCarty v. Hall, 13 Mo. 480; Stearns v. Burnham, 5 Greenleaf 261; Gregory v. McCormick, 120 Mo. 662-3:; Estate of Ames, 52 Mo. 290; Morton v. Hatch, 54 Mo. 411; Naylor v. Moffatt, 29 Mo. 128; Becraft v. Lewis, 41 Mo.
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Appeal from St. Louis City Circuit Court.—How. J. Hugo Grimm, Judge. (1) A foreign domiciliary executor or administrator cannot maintain an action in Missouri upon an asset having its situs in this State. McCarty v. Hall, 13 Mo. 480; Stearns v. Burnham, 5 Greenleaf 261; Gregory v. McCormick, 120 Mo. 662-3:; Estate of Ames, 52 Mo. 290; Morton v. Hatch, 54 Mo. 411; Naylor v. Moffatt, 29 Mo. 128; Becraft v. Lewis, 41 Mo. App. 546; De LaVergne v. Richardson, 198 Mo. 189; Richardson v. Busch, 198 Mo. 174; Crohn v. Bank, 137 Mo. App. 712; Armour v. Bank, 113 Mo. 121; Caffery v. Coal Co., 95 Mo.…
1Opinion of the CourtAllen, J.
This is an action upon a promissory note, ‘which was originally for the sum of $725, dated February 9,1904. It is payable to certain executors in the State of Illinois, and was executed by appellant and one Ella C.'Hoblit, to take up notes of the latter due the estate then in charge of such executors, the appellant executing the same as an accommodation maker. At the time of the commencement of the suit, various credits appeared indorsed upon the note, leaving a balance due thereon at said date, exclusive of interest, in excess of $500.
The cause was instituted before a justice of the peace,…
Also in this document: Concurrence.
2Cases cited17 opinions
- State v. MetzgerSupreme Court of Missouri · 1857
- Brownfield v. ThompsonMissouri Court of Appeals · 1902
- Keyes & Watkins Livery Co. v. FreberMissouri Court of Appeals · 1903
- Lockman v. CobbSupreme Court of Arkansas · 1905
- Buchholz v. Metropolitan Life InsuranceMissouri Court of Appeals · 1913
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3Cited by4 opinions
- Rogers v. DavisMissouri Court of Appeals · 1916
- Vance v. McHughMissouri Court of Appeals · 1915
- Peter Hauptmann Tobacco Co. v. UnverferthSupreme Court of Missouri · 1921
- State Ex Rel. Whaley v. PorterfieldMissouri Court of Appeals · 1926