Farmers snd Merchants State Bank of Cleveland v. The Estate of Ratliff
Decision Date | 27 June 1927 |
Citation | 297 S.W. 84,222 Mo.App. 215 |
Parties | FARMERS AND MERCHANTS STATE BANK OF CLEVELAND, APPELLANTS, v. THE ESTATE OF F. A. RATLIFF, RESPONDENT. [*] |
Court | Kansas Court of Appeals |
Appeal from the Circuit Court of Cass County.--Hon. C. A. Calvird Special Judge.
AFFIRMED.
Judgment affirmed.
Crouch & Crouch for appellant.
A. A Whitsitt and D. C. Chastain for respondent.
Trimble, P. J., absent.
This case originated in the probate court of Cass county where appellant filed a claim against the estate of F. A. Ratliff, deceased. Said claim, caption and verification omitted, is as follows:
Cleveland, Missouri, Sept. 29, 1923.
The claim was disallowed by the probate court and claimant appealed to the circuit court where a trial of the cause before Honorable C. A. Calvird, special judge, resulted in a finding and judgment in favor of the estate. Claimant brings the case here by appeal.
The facts giving rise to this controversy may be stated thus:
Claimant is a banking corporation engaged in the banking business in the town of Cleveland, Missouri. In 1919 Walton Ratliff, son of decedent was cashier of this bank. In December of that year Walton Ratliff and Georgia Ratliff, his wife, executed to claimant bank their promissory note in the principal sum of $ 1000. In February, 1920, Walton Ratliff and Georgia Ratliff, his wife, both died leaving as their only heir Lola M. Ratliff, a minor. Deceased, F. A. Ratliff, father of Walton Ratliff was living at that time and was appointed administrator of the estates of Walton and Georgia Ratliff. The $ 1000 note was not presented as a claim against the estate of either Walton or Georgia Ratliff. In July, 1920, F. A. Ratliff, as administrator made a payment on the $ 1000 note and executed a renewal note for the remainder in the sum of $ 803.19. He signed the renewal note as administrator. In December, 1920, he executed a renewal note in the sum of $ 803.19. In July, 1921, he made a small payment on the note and executed a renewal note for the balance due in the sum of $ 800. This $ 800 note was signed F. A. Ratliff, Curator. Some time prior to the execution of this $ 800 note, the estates of Walton and Georgia Ratliff had been settled, and F. A. Ratliff had been discharged as administrator of said estates and appointed curator of the estate of the minor heir, Lola M. Ratliff. The $ 800 note was renewed in the same manner on November 23, 1921. On November 30, 1921, he borrowed $ 100 from the bank and executed a note therefor in the name of F. A. Ratliff, Curator, and the estate was given credit for said $ 100. On April 4, 1922, the $ 100 note and the $ 800 note were combined and a renewal note executed by him as curator in the sum of $ 900. This $ 900 note was renewed four different times thereafter, the interest being added to the principal. Each of these renewal notes was signed by F. A. Ratliff, Curator, the last renewal being the $ 954 note involved in this suit.
The note in controversy in this action is signed, "F. A. Ratliff, Cur. of Lola M. Ratliff, By G. K. Kerr, Atty." Prior to the execution of this note F. A. Ratliff had executed to said G. K. Kerr a "power of attorney," the purpose of which is recited in said instrument as follows:
(1) To make and sign notes for me as curator and to sign same with full authority.
(2) To pay any obligation of mine as curator out of any funds available by check or otherwise, and
(3) To perform any act or deed for me as curator which I as curator would be lawfully entitled to do.
G. K. Kerr, cashier of claimant bank, testified:
The record in this case does not show upon what theory the trial court decided it. There was no finding of facts and no declarations of law were asked or given. In this state of the record if there is any theory upon which the judgment can be upheld it will not be disturbed. [Central Missouri Trust Co. v. Taylor, 289 S.W. 658, 661.]
The facts are that decedent did not execute the original note out of which the claim in suit arose. Neither did he or the estate of which he was administrator receive any consideration by reason of the execution of the original note. The consideration for which the original note was given passed to Walton Ratliff.
Appellant seeks to hold the estate of decedent liable by reason of the fact that decedent while acting as administrator of the estate of Walton Ratliff renewed the note which Walton Ratliff had executed to appellant during his lifetime, the contention being that when decedent signed the renewal note, describing himself as administrator, he became personally liable thereon.
Appellant cites the case of Studebaker Bros. Mfg. Co. v. Montgomery, 74 Mo. 101, in support of his contention. The facts in the cited case show that Montgomery was in partnership with one, Marine and transacting business under the firm name of Montgomery & Marine; that Marine died and Montgomery was appointed as administrator of the partnership estate; that the partnership was indebted to Studebaker Bros. Mfg. Co. and Montgomery after his appointment as administrator executed a note to said company covering said partnership indebtedness and signed the note, "N. S. Montgomery, as administrator, as surviving partner of M. & M."
In deciding this case on the facts above stated the Supreme Court said,
The quotation from the above-cited case, standing alone, appears to support appellant's contention, however, an examination of the opinion shows that the court decided the case against Montgomery on the theory that the judgment was for the right party for reasons other than those stated in the above quotation as appears from the following quotation from the opinion:
Other Missouri cases announce a doctrine contrary to that announced in Studebaker Bros. Mfg. Co. v. Montgomery, supra. In Smith v. Alexander, 31 Mo. 193, 194, 195, speaking to a similar question the court said:
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