Grimes v. Reynolds

• Decision Date: 13 December 1904
• Citation: 184 Mo. 694,83 S.W. 1133
• Parties: GRIMES v. REYNOLDS.
• Court: Missouri Supreme Court

83 S.W. 1133

184 Mo. 694

GRIMES v. REYNOLDS.

Supreme Court of Missouri, Division No. 2.

December 13, 1904.

Appeal from Circuit Court, Pike County; D. H. Eby, Judge. Action by John M. Grimes against Courtland Reynolds, as administrator. From a judgment for plaintiff, defendant appealed to the St. Louis Court of Appeals, from whence the cause was certified to this court. Affirmed.

Pearson & Pearson, for appellant. Frank J. Duvall and J. D. Hostetter, for respondent.

GANTT, P. J.

This case has been certified to this court by the St. Louis Court of Appeals because the opinion of that court (68 S. W. 591) was in conflict with an opinion of the Kansas City Court of Appeals. This case in all essential particulars is identical with another of the same title submitted to the court at the same time. But in this action the note given to plaintiff, John M. Grimes, by his wife, Nancy M. Grimes, and sought to be established as a probate demand against her estate, was for the sum of $660, with interest at 6 per cent. per annum from February 1, 1889, upon which the final judgment of allowance in the circuit court in May, 1901, was for $717.16, bearing interest at 6 per cent., to be compounded. The plaintiff in this case, as in the other, prevailed in the trial court, and defendant appealed. There is nothing else to distinguish this case from the other, in which our views of the law applicable to the facts of both cases have been given. For the reasons and upon the facts stated in the opinion of the St. Louis Court of Appeals in Grimes v. Reynolds, Administrator, 94 Mo. App. 576, 68 S. W. 588, and for the reasons given by this court in Rice, Stix & Co. v. Sally, 75 S. W., loc. cit. 404, 405, the judgment of the circuit court is affirmed.

FOX, J., concurs. BURGESS, J., not sitting.