Blaker v. Sands
Supreme Court of Kansas
Error from Butler District Court. Action, begun September 16, 1881, by F. M. Bands, sole surviving partner of the late firm of F. & C. Sands, against Julian Blaker and Wade Blaker, partners as J. & W. Blaker, to recover the possession of 1,100 grade merino wethers and two grade merino bucks, of the alleged value of $4,000. The order of delivery was executed on the 16th day of September, 1881, by the sheriff taking into his custody all of the property mentioned in the…
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Error from Butler District Court. Action, begun September 16, 1881, by F. M. Bands, sole surviving partner of the late firm of F. & C. Sands, against Julian Blaker and Wade Blaker, partners as J. & W. Blaker, to recover the possession of 1,100 grade merino wethers and two grade merino bucks, of the alleged value of $4,000. The order of delivery was executed on the 16th day of September, 1881, by the sheriff taking into his custody all of the property mentioned in the petition; and within twenty-four hours after the service of the order, the defendants, J. & W. Blaker, executed an undertaking…
1Opinion of the Court
The opinion of the court was delivered by
Horton, C. J.:
It is alleged that the petition was fatally defective in not showing that F. M. Sands had given a bond as surviving partner. As the action was commenced in the name of F. M. Sands, as the sole surviving partner of the late firm of F. & C. Sands, if the other allegations in the petition were sufficient, the failure to allege that the plaintiff had given a bond as surviving partner was no defect whatever. Upon the death of a partner, the survivor becomes a trustee for all concerned. He holds the legal title to all the personal property,…
2Cases cited7 opinions
- Miller v. BrighamCalifornia Supreme Court · 1875
- Carr v. CatlinSupreme Court of Kansas · 1874
- Sutlive v. JonesSupreme Court of Georgia · 1878
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- Williams v. Amsinck & Co.Court of Appeals of Maryland · 1873
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3Cited by23 opinions
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- Goldberg v. GoldbergSupreme Court of Pennsylvania · 1953
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