Ober v. Indianapolis & St. Louis Railroad
Missouri Court of Appeals
Appeal from the St. Louis Circuit Court, Adams, J. When a partnership is dissolved by mutual consent, and some months after-wards one of the former partners .dies, the remaining former partner does not thereby become the “surviving partner” of the firm.
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Appeal from the St. Louis Circuit Court, Adams, J. When a partnership is dissolved by mutual consent, and some months after-wards one of the former partners .dies, the remaining former partner does not thereby become the “surviving partner” of the firm. And in such event the surviving former partner cannot alone and as “ surviving partner ” sue for and collect a debt that was owing to the former firm, but he must be joined in such suit by the administrator of such deceased former partner. — Mutual Savings Institution v. Enslin, 37 Mo. 454 ; Bredon v. Mutual Savings Institution, 28 Mo. 181.…
1Opinion of the Court
ThompsoN, J.,
delivered the. opinion of the court.
This is an action against a common carrier for damages for del a}7 in shipping goods which were consigned to the firm of which the plaintiff was a member, for sale and account. The plaintiff had a verdict and judgment .for $800. We shall consider separately the substantial questions to which our attention is invited : —
1. The first of these questions relates to the propriety of the ruling of the court in refusing an instruction that the plaintiff could not recover. It is claimed that such an instruction ought to have been given, on the ground…
2Cases cited9 opinions
- Jefferson City v. OpelSupreme Court of Missouri · 1878
- Bredow v. Mutual Savings InstitutionSupreme Court of Missouri · 1859
- Vallé v. Cerré'sSupreme Court of Missouri · 1865
- Skilling v. BollmanSupreme Court of Missouri · 1881
- Mudd v. BastSupreme Court of Missouri · 1864
4 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Gratiot Street Warehouse Co. v. Missouri, Kansas & Texas Railway Co.Missouri Court of Appeals · 1907
- Hargadine v. GibbonsSupreme Court of Missouri · 1893
- Robert C. White Live Stock Commission Co. v. Chicago, Milwaukee & St. Paul RailroadMissouri Court of Appeals · 1901
- McNeil v. Home InsuranceMissouri Court of Appeals · 1888
- Grinnell-Collins Co. v. Illinois Central RailroadSupreme Court of Minnesota · 1910
8 more not listed; retrieve them via the Exa API.