Simpson v. Schulte
Missouri Court of Appeals
Appeal from the Madison County Circuit Court, James D. Pox, Judge. The individnal property of an individual partner must first be applied to the payment of his individual debts' before the creditors of a firm, of ■which the individual partner was a member, can, as to such firm debts, resort to such individual property or estate.
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Appeal from the Madison County Circuit Court, James D. Pox, Judge. The individnal property of an individual partner must first be applied to the payment of his individual debts' before the creditors of a firm, of ■which the individual partner was a member, can, as to such firm debts, resort to such individual property or estate. Phelps v. McHeely, 66 Mo. 558-9 ; Matthews v„ Hunter, 67 Mo. 294-5 ; Hilliker v. Francisco, 65 Mo. 604-5 ; Ackley v. Staehlin, 56 Mo. 558 ; Flanagan íl Alexander, 50 Mo. 50; Price v. Hunt, 59 Mo. 263. On the death of one partner, the surviving partners are alone…
1Opinion of the CourtLewis, P. J.
Schulte, Hill & Nall were a banking firm, and issued to the plaintiff the certificate of deposit for $1,000, which is the foundation of this suit. Schulte 'died, and the defendant Ellen Schulte became Ms administratrix. The suit was instituted against her jointly with the surviving members of the late firm. Judgment for a balance found due was rendered against all the defendants, and the administratrix alone appealed.
The appellant undertook to show, by way of separate defence, that, in the lifetime of Schulte, the firm made a general assignment for the benefit of its creditors which…
2Cases cited6 opinions
- Brady v. ConnellySupreme Court of Missouri · 1873
- Hawes v. FooteTexas Supreme Court · 1885
- Carver v. ThornhillSupreme Court of Missouri · 1873
- Hannibal & St. Joseph Railroad v. ClarkSupreme Court of Missouri · 1878
- Vineyard v. MatneySupreme Court of Missouri · 1878
1 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Bank on Warren County v. KembleMissouri Court of Appeals · 1895
- Priddy v. MacKenzieSupreme Court of Missouri · 1907
- Sabin v. MichellOregon Supreme Court · 1895
- Hodel-Mutti Manufacturing Co v. HamMissouri Court of Appeals · 1905
- Cowan v. LemingMissouri Court of Appeals · 1905