Legal Opinion

Miller v. Wagenhauser

Missouri Court of Appeals

Decided May 19, 1885PublishedCited by 5 opinions

Appeal from the St. Louis Circuit Court. — Lubke, J.

1Opinion of the CourtLewis, P. J.

When a partner purchases the interest of his co-partner, if this expresses the whole transaction, it follows of course that the purchaser assumes the liabilities of the concern, since he gets only the net share of *12Ms vendor after all joint liabilities are discharged. But if the agreement goes further, and expressly stipulates that the purchasing partner is to pay certain debts specifically described, this may reasonably be held to imply, without some overruling element, that, even as between themselves, other debts and liabilities remain a charge against both. This follows the well worn…

2Cases cited1 opinion

  1. Torrance v. McDougaldSupreme Court of Georgia · 1853

3Cited by5 opinions

  1. Katz Drug Co. v. Kansas City Power & Light Co.Missouri Court of Appeals · 1957
  2. Dart v. BagleySupreme Court of Missouri · 1892
  3. Martin v. RothwellWest Virginia Supreme Court · 1918
  4. Everett v. MarstonSupreme Court of Missouri · 1905
  5. Scullin Steel Co. v. Mississippi Valley Iron Co.Supreme Court of Missouri · 1925

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