Legal Opinion

State ex rel. Shipman v. Shipman

Missouri Court of Appeals

Decided March 4, 1901PublishedCited by 1 opinion

Appeal from Christian Circuit Court. — Hon. James Tilford Neville, Judge. (1) The debt mentioned in the answer and evidenced by the notes and deed of trust offered in evidence by defendants, was not a partnership debt of Shipman, Witty, Kerr & Noland. It was the joint debt of the two brothers created prior to them becoming members of said partnership.

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Appeal from Christian Circuit Court. — Hon. James Tilford Neville, Judge. (1) The debt mentioned in the answer and evidenced by the notes and deed of trust offered in evidence by defendants, was not a partnership debt of Shipman, Witty, Kerr & Noland. It was the joint debt of the two brothers created prior to them becoming members of said partnership. If it had been a debt of said firm, then the contention of defendants that their principal had a right to pay it as he did, might have some force, but under the pleadings and evidence it. was the joint debt of the two brothers for which they…

1Opinion of the CourtGoode, J.

This action was brought at the relation of Martha D. Shipman as administratrix of the individual estate of O. S. or Siegel Shipman against the defendant, Thomas A. Shipman, as administrator of the partnership estate of Ship-man, Witty, Kerr & Noland and the sureties of said administrator on his official bond to recover a balance of $130.20, alleged to be in his hands, as the distributive share due said Siegel Shipman’s individual estate for his net interest in the partnership assets. Thomas and Siegel Shipman were brothers. There were two firms engaged in the livery business in 1894 in…

2Cases cited15 opinions

  1. Hardin v. LeeSupreme Court of Missouri · 1873
  2. Freeman v. ThompsonSupreme Court of Missouri · 1873
  3. Gray v. BowlesSupreme Court of Missouri · 1881
  4. Murphy v. De FranceSupreme Court of Missouri · 1890
  5. Easton v. CourtwrightSupreme Court of Missouri · 1884

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3Cited by1 opinion

  1. State ex rel. Whitlow v. American Surety Co.Missouri Court of Appeals · 1915

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