Baum v. Fryrear
Supreme Court of Missouri
Appeal from Johnson Circuit Court.—Hon. N. M. Givan, Judge. (1) The court erred in admitting in evidence the record in the case of Baum & Company v. Reeves Brothers. The rule is well settled that when a partnership is dissolved and a new partnership formed, the debts of the old firm may, by consent of all parties—the creditors, the old firm and the new—be transferred to the new firm and the old firm discharged.
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Appeal from Johnson Circuit Court.—Hon. N. M. Givan, Judge. (1) The court erred in admitting in evidence the record in the case of Baum & Company v. Reeves Brothers. The rule is well settled that when a partnership is dissolved and a new partnership formed, the debts of the old firm may, by consent of all parties—the creditors, the old firm and the new—be transferred to the new firm and the old firm discharged. Appleton v. Eennon, 19 Mo. 637; Patterson v. Camden, 25 Mo. 13; Powell v. Charless, 34 Mo. 485; Spaunhorst v. Link, 46 Mo. 197; Leabo v. Coode, 67 Mo. 126. But it is also well settled…
1Opinion of the Court
Ewing, C.
This was a suit to recover on an account for merchandise sold to Reeves & Company, of which firm the defendant was a partner. The answer admitted the purchase of the goods by Reeves & Company, and admitted the indebtedness, but pleaded in defence that defendant, Fryrear, had sold his interest in Reeves & Company (which was composed of Reuben Reeves and C. Fryrear), to Frank Reeves; that Reeves and Brother assumed the payment of the plaintiffs’ debt, with others -of the old firm, and continued the business under the name of Reeves Brothers. That plaintiffs released defendant from all…
2Cited by11 opinions
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- Hollweg v. Bell Telephone Co.Supreme Court of Missouri · 1906
- Pike v. MartindaleSupreme Court of Missouri · 1886
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