Carlisle's Administrators v. Mulhern
Supreme Court of Missouri
Appeal from St. Louis Court of Common Pleas. 1. The court below erred in not stating all the material facts admitted by the pleadings to be true, and those proven on the trial. New Code, art. 15, sec. 2. Gubin v. Hudgens, 15 Mo. Rep. 400. Brant v. Robertson, 16 Mo. Rep. 140. 2. The leasehold estate was held by the lessees as tenants in common. The lease was made to them in their individual names. 2 Randolph’s Rep. 187. 5 Mo.
Read the full summary
Appeal from St. Louis Court of Common Pleas. 1. The court below erred in not stating all the material facts admitted by the pleadings to be true, and those proven on the trial. New Code, art. 15, sec. 2. Gubin v. Hudgens, 15 Mo. Rep. 400. Brant v. Robertson, 16 Mo. Rep. 140. 2. The leasehold estate was held by the lessees as tenants in common. The lease was made to them in their individual names. 2 Randolph’s Rep. 187. 5 Mo. Rep. 507. 15 J. R. 160. 5 Ohio Rep. 264. 3. If, however, the leasehold wras in fact partnership property, yet, as the lease was to the partners as individuals, an,d the…
1Opinion of the CourtGamble, Judge
Carlisle & Keyser being partners, doing business in St. Louis, became interested in a lease of real estate in the city as partners, improved the same out of their partnership funds, and continued to hold the same as partnership' property until the death of Carlisle, whose administrators bring this suit. While both were alive, they gave a deed of trust on the property, to secure a partnership note, the defendant, Mulhern, being the trustee. After the death of Carlisle, Keyser, the surviving partner, continued to administer the effects of the firm. The note secured by the deed of trust not…
2Cited by8 opinions
- Espy v. ComerSupreme Court of Alabama · 1884
- Hardin v. HardinSouth Dakota Supreme Court · 1910
- Fahy v. Springfield Grocer Co.Missouri Court of Appeals · 1894
- Duhring v. DuhringSupreme Court of Missouri · 1854
- Young v. ThrasherSupreme Court of Missouri · 1893
3 more not listed; retrieve them via the Exa API.