Wolfort v. Reilly
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. — Hon. D. D. Fisher, Judge. (1) The court below should have charged the surviving partner with interest from the different times Im received, the money which was not needed to pay liabilities of the firm, up to the time that the first settlement, was due, as it appears from the evidence that he used the funds in his business.
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Appeal from St. Louis City Circuit Court. — Hon. D. D. Fisher, Judge. (1) The court below should have charged the surviving partner with interest from the different times Im received, the money which was not needed to pay liabilities of the firm, up to the time that the first settlement, was due, as it appears from the evidence that he used the funds in his business. The court should have added this interest to the amount found by the referee, and charged interest on all sums so found up to the time of' the rendition of its judgment, excepting only from this-accounting an amount equal to the…
1Opinion of the CourtBurgess, J.
This case originated in the probate court of the city of St. Louis. From an order of that court overruling exceptions filed therein by Catharine Reilly as executrix of Robert Reilly, deceased, to the final settlement of Joseph "Wolfort as surviving partner administering the partnership estate of Reilly & Wolfort, and approving said settlement, the executrix appealed to the circuit court of said city where the ruling was again adverse to her, and she appealed to this court. The estate was quite large, amounting to nearly $170,000.
From the end of the first year both probate and circuit courts…
2Cases cited3 opinions
- Cruce v. CruceSupreme Court of Missouri · 1884
- Cassell v. Fagin & WebsterSupreme Court of Missouri · 1847
- Armstrong's v. PriestSupreme Court of Missouri · 1895
3Cited by10 opinions
- In Re Franz'EstateSupreme Court of Missouri · 1963
- Title Guaranty & Surety Co. v. Missouri ex. rel. StormfeltzCourt of Appeals for the Eighth Circuit · 1939
- Enright v. Sedalia Trust Co.Supreme Court of Missouri · 1929
- State ex rel. Welch v. MorrisonSupreme Court of Missouri · 1912
- Central States Life Insurance v. LewinSupreme Court of Missouri · 1938
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