Drake v. Rogers
Supreme Court of Missouri
Appeal from the Circuit Court of St. Louis county. 1. There is no fraud in fact proved; this will be apparent from an inspection of the record, &c. 2. The deed is a valid one. 1. It was a sufficient deed to pass the partnership effects, Collyer on partnership 4-24-5, and 492-3, as to all partners suing and being sued where there is a dormant partner. Angelí on assignments 49, 50 &c. 1 Paige’s Ch’y. Rep. 517. 4 McCord’s Rep. 519. 4 Wash.
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Appeal from the Circuit Court of St. Louis county. 1. There is no fraud in fact proved; this will be apparent from an inspection of the record, &c. 2. The deed is a valid one. 1. It was a sufficient deed to pass the partnership effects, Collyer on partnership 4-24-5, and 492-3, as to all partners suing and being sued where there is a dormant partner. Angelí on assignments 49, 50 &c. 1 Paige’s Ch’y. Rep. 517. 4 McCord’s Rep. 519. 4 Wash. Rep. 232. 4 Day’s Rep. 428. 5 Cranch Rep. 300. — ■ 2. The fact of a release being required does not invalidate it, Angelí on assignment 95-105, &c. 4 Mason…
1Opinion of the Court
Opinion >¡‘ he Court delivered by
Napion Jvdg;e.
The appellees brought an action of assumpsit against Thomas C. Eads, Ezekiel Buchanan and Freeborn Sisson. An attachment issued, on the usual affidavit, which was served on the defendant Sisson, but was not executed on Eads or Buchanan. Divers persons were summoned as garnishees, and among others Ch’s. D-. Drake the appellant.— The answer of Drake, after responding negatively to the interrogatories, stated, !hat on the 4th Apiil 1836, the said Eads & Buchanan executed to him a deed of assignment, a copy of which, with its annexed schedule, was…
2Cases cited1 opinion
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