Legal Opinion

Green's Administrator v. Virden

Supreme Court of Missouri

Decided March 15, 1856PublishedCited by 7 opinions

Error to St. Charles Circuit Court. James Green was, in his life-time, a partner with Yirden, plaintiff in error, in a saw-mill. After Green’s decease, letters of administration on his estate, bearing date April 6th, 1853, were granted to Robert H. Parks, defendant in error.

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Error to St. Charles Circuit Court. James Green was, in his life-time, a partner with Yirden, plaintiff in error, in a saw-mill. After Green’s decease, letters of administration on his estate, bearing date April 6th, 1853, were granted to Robert H. Parks, defendant in error. Yirden, July 11th, 1858, gave bond as surviving partner of the firm, in pursuance of § 51 of article 1 of the administration act of 1845, and entered upon the management of the effects of the partnership, and sold the mill and its appurtenances for $1600. The county court of St. Charles county, April 5th, 1854, revoked…

1Opinion of the CourtScott, Judge

The defendant (Yirden) and James Green, deceased, were partners. Green died, and the defendant (Yirden), his partner, gave the bond required by the statute, and retained the control of the partnership effects. Afterwards, the county court of St. Charles county removed Yirden and revoked the powers granted to him, because he became a non-resident, and appointed Parks, administrator de bonis non, (as he is termed in the proceedings,) of the partnership effects, who brings this suit on the bond given by Yirden as surviving partner, alleging breaches of its several conditions. The record raises…

2Cited by7 opinions

  1. Carr v. CatlinSupreme Court of Kansas · 1874
  2. Crow v. WeidnerSupreme Court of Missouri · 1865
  3. Gregory v. MenefeeSupreme Court of Missouri · 1884
  4. Groves v. AegerterMissouri Court of Appeals · 1931
  5. Hargadine v. GibbonsMissouri Court of Appeals · 1891

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