Andrews v. Stinson
Illinois Supreme Court
Writ of Error to the Appellate Court for the Third District;—heard in that court on appeal from the Circuit Court of Logan county; the Hon T. M. Harris, Judge, presiding. ■ In this case the executors of the last will of Baker P. Andrews, deceased, formerly a resident of Logan county, Illinois, filed a petition in the county court of that county for a citation against A. J. Stinson and Nelson T. Hand, as surviving partners of said Andrews, to cause them to come into that…
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Writ of Error to the Appellate Court for the Third District;—heard in that court on appeal from the Circuit Court of Logan county; the Hon T. M. Harris, Judge, presiding. ■ In this case the executors of the last will of Baker P. Andrews, deceased, formerly a resident of Logan county, Illinois, filed a petition in the county court of that county for a citation against A. J. Stinson and Nelson T. Hand, as surviving partners of said Andrews, to cause them to come into that court and make a settlement of the partnership affairs. A demurrer filed to the original petition was sustained and leave…
1Opinion of the CourtChief Justice Carter
The principal point discussed in the briefs is whether the two contracts executed by said executors and the surviving partners, Hand and Stinson, (in connection with the authority granted in Andrews’ will,) constituted a continuation of the old or the creation of a new partnership. The death of either partner is, ipso facto, from the time of the death a dissolution of the partnership. (Remick v. Emig, 42 Ill. 343; Nelson v. Hayner, 66 id. 487; Douthart v. Logan, 190 id. 243.) And this is the general rule in other jurisdictions. (22 Am. & Eng. Ency. of Law,—2d ed.— 199, and cases cited; 30…
2Cases cited10 opinions
- Exchange Bank v. TracySupreme Court of Missouri · 1883
- Sage v. . WoodinNew York Court of Appeals · 1876
- Buckingham v. MorrisonIllinois Supreme Court · 1891
- Sternberg v. LarkinSupreme Court of Kansas · 1897
- McGrath v. CowenOhio Supreme Court · 1898
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3Cited by16 opinions
- Witkowsky v. AffeldIllinois Supreme Court · 1918
- Blut v. KatzNew Jersey Superior Court Appellate Division · 1955
- Jackson v. JacksonAppellate Court of Illinois · 1951
- In Re Estate of TrapaniAppellate Court of Illinois · 1959
- National Surety Co. v. George E. Breece Lumber Co.Court of Appeals for the Tenth Circuit · 1932
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