Powell v. Horrell
Missouri Court of Appeals
Appeal from Oape Girardeau . Court of Common Pleas.— Son. Franle B. Burrough, Judge. (1) A bill for an accounting between partners may be maintained by the executor or administrator of a deceased partner. 17 Am. and Eng. Ency. of Law, p. 1277. (2) The settlement between the partners of October 4, 1886, should not be disturbed.
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Appeal from Oape Girardeau . Court of Common Pleas.— Son. Franle B. Burrough, Judge. (1) A bill for an accounting between partners may be maintained by the executor or administrator of a deceased partner. 17 Am. and Eng. Ency. of Law, p. 1277. (2) The settlement between the partners of October 4, 1886, should not be disturbed. It was not opened up by the trial court, nor should it be by this court, for “a settlement fairly made between partners must be repudiated within a reasonable time in order to be opened and will not be disturbed after a long time and after the death of a party to it.”…
1Opinion of the CourtBland, P. J.
The petition alleges that Peter Powell died in Cape Girardeau county, April 16, 1896, and that plaintiffs were duly appointed administrators of his estate by the *408probate court of said county and that they qualified as such. Eor cause of action it is, in substance, alleged, that on March 18, 1882, Powell, the deceased, and the defendant, bought a one hundred and seventy acre farm in Cape Girardeau county for two thousand six hundred and eighty dollars; that they held and managed same as partnership property until in the fall of 1886, when they sold the farm; that during the existence of the…
2Cases cited2 opinions
- Thomas v. Winchester BankCourt of Appeals of Kentucky · 1899
- Campbell v. CoquardSupreme Court of Missouri · 1887
3Cited by1 opinion
- Thomas v. GannMissouri Court of Appeals · 1913