Powell v. Blow
Supreme Court of Missouri
Appeal from St. Louis Circuit Court. The first and third instructions given for the plaintiff, give the force of law to the notions set forth in the petition, to-wit, that surviving partners, after the death of a co-partner, can renew the notes of the old firm and make such renewed note binding on the estate of the deceased partner. This idea, so absurd in law, is elaborated in the petition and sustained by the court in its instructions to the jury.
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Appeal from St. Louis Circuit Court. The first and third instructions given for the plaintiff, give the force of law to the notions set forth in the petition, to-wit, that surviving partners, after the death of a co-partner, can renew the notes of the old firm and make such renewed note binding on the estate of the deceased partner. This idea, so absurd in law, is elaborated in the petition and sustained by the court in its instructions to the jury. The third instruction given for the plaintiff distinctly tells the jury that the notes of 1859 and 1860, given after the death of Charless, may…
1Opinion of the CourtBates, Judge
This suit was brought to the September term, 1861, of the Circuit Court. The petition states “ that on the 1st of November, 1858, plaintiff loaned to the firm of Charless, Blow & Co., then composed of Joseph Charless and the defendants, the sum of three thousand three hundred and seven dollars *491and fifty cents, for twelve months, at ten per cent., and took the firm’s note therefor, signed Charless, Blow & Co. That Charless died in 1859, before the note was due, and that in June, 1859, the defendants were appointed his administrators. That in November, 1859, when said note became due, the…
2Cited by10 opinions
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- Commercial Bank v. VarnumMissouri Court of Appeals · 1914
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