Skinner v. Whitlow
Missouri Court of Appeals
Appeal from St.-Louis City Circuit Court. — Bo». W. B. Homer, Judge. (1) Mr. J. W. Skinner liad no interest in the body of the estate upon which he sought to administer. The only interest he had was in the profits, if there were any, and as there were no profits the trial court erred in allowing one-half of the estate which had been put into the venture by Mr. Whitlow, alone. Mr. Skinner risked nothing.
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Appeal from St.-Louis City Circuit Court. — Bo». W. B. Homer, Judge. (1) Mr. J. W. Skinner liad no interest in the body of the estate upon which he sought to administer. The only interest he had was in the profits, if there were any, and as there were no profits the trial court erred in allowing one-half of the estate which had been put into the venture by Mr. Whitlow, alone. Mr. Skinner risked nothing. He was not liable for any losses in the venture, he contributed nothing but his time as superintendent of the work, and was therefore not a partner of Mr. Whitlow. Hughes v. Ewing, 162 Mo.…
1Opinion of the CourtAllen, J.
-This is an appeal from a judgment overruling exceptions of appellant, the widow of Warner Whitlow, deceased, to the final settlement of respondent, Joseph W. Skinner, as administrator of the partnership estate of “Warner Whitlow;” the respondent having administered thereupon as the surviving partner. The record discloses that, some time prior to his death, Warner Whitlow had a contract for doing-certain railroad work in the State of Arkansas, and that, for the purpose of carrying out this said contract, he entered into an agreement with respondent Skinner, as follows:
“This agreement made…
2Cases cited18 opinions
- Mockowik v. Kansas CitySupreme Court of Missouri · 1906
- Rodan v. St. Louis Transit Co.Supreme Court of Missouri · 1907
- Richardson v. ColeSupreme Court of Missouri · 1901
- Torbert v. JeffreySupreme Court of Missouri · 1901
- Tetwiler v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Missouri · 1912
13 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Matter of Estate of FieldsMissouri Court of Appeals · 1979
- Young v. Boatmen's National BankSupreme Court of Missouri · 1943
- State Ex Rel. Gnekow v. United States Fidelity & Guaranty Co.Supreme Court of Missouri · 1942
- State ex rel. Whitlow v. American Surety Co.Missouri Court of Appeals · 1915
- Estate of Foster v. TheisMissouri Court of Appeals · 1956
6 more not listed; retrieve them via the Exa API.