Willis v. Barron
Supreme Court of Missouri
Transferred from Kansas City Court of Appeals. (1) Under -the uniform line of decisions in this State neither a partner nor his personal representative is entitled to maintain an action at law against a copartner for debts,or liabilities arising out of the partnership transactions until there has been a settlement inter se and a balance found. Ranlán v. Farley, 29 Mo.
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Transferred from Kansas City Court of Appeals. (1) Under -the uniform line of decisions in this State neither a partner nor his personal representative is entitled to maintain an action at law against a copartner for debts,or liabilities arising out of the partnership transactions until there has been a settlement inter se and a balance found. Ranlán v. Farley, 29 Mo. App. 587; Scott, Adm’r, v. Caruth, 50 Mo. 120; Bond V\ Bemis, 55' Mo. 524; Smith v. Smith, 33 Mo. 557; Feurt v. Broiun, 23- Mo. App. 332; McKnightv. McGutcheon, 27 Mo. 431; Parsons on Part. [2 Ed.], secs. 288, 289 and 290; Story…
1Opinion of the CourtG-antt, P. J.
This is an action by the executrix of R. T. Willis, deceased, to recover one half of the amount of two notes and interest executed by the firm of Willis & Barron, composed of R. T. Willis and P. J. Barron toR. T. Willis in his lifetime. The petition alleges the partnership of Willis & Barron in 1890, the execution of the notes, the death of Willis in 1891, the *454qualification of plaintiff as executrix of the estate of R. T. Willis, an administration of the partnership estate of the firm, its insolvency and the final settlement thereof, and the discharge of plaintiff as administratrix thereof,…
2Cases cited16 opinions
- Jones v. ShawSupreme Court of Missouri · 1878
- Merrill v. . GreenNew York Court of Appeals · 1873
- Van Ness v. ForrestSupreme Court of the United States · 1814
- Smith v. LusherCourt for the Trial of Impeachments and Correction of Errors · 1825
- Walker v. WaitSupreme Court of Vermont · 1878
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3Cited by13 opinions
- Schoeller v. SchoellerMissouri Court of Appeals · 1973
- Himmelberger v. Central State BankSupreme Court of Iowa · 1925
- Crocker v. BarteauSupreme Court of Missouri · 1908
- Gilliam v. LoebMissouri Court of Appeals · 1908
- Reeves v. WhiteCourt of Appeals of Texas · 1913
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