Barr v. Cubbage
Supreme Court of Missouri
Appeal from St. Louis Circuit Court, The plaintiffs standing in the shoes of the residuary legatee as to the partnership estate, are entitled to enforce due performance of all trusts under the will, necessary for the preservation of their legacy. (Story’s Eq. Jur. (Redf. Ed.) § 424 citing numerous cases.) “ Courts of Equity have an original, inherent and independent jurisdiction to relieve against every species of fraud, not being fraud of a penal nature.”
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Appeal from St. Louis Circuit Court, The plaintiffs standing in the shoes of the residuary legatee as to the partnership estate, are entitled to enforce due performance of all trusts under the will, necessary for the preservation of their legacy. (Story’s Eq. Jur. (Redf. Ed.) § 424 citing numerous cases.) “ Courts of Equity have an original, inherent and independent jurisdiction to relieve against every species of fraud, not being fraud of a penal nature.” (Kerr on Fraud and Mistake, 43.) The plaintiffs having been deceived and defrauded by the wife, are in equity- entitled to have the legal…
1Opinion of the CourtTories, Judge
The plaintiffs in their petition charge the following facts as ground of relief in equity :
That on the 19th day of March, 1866, plaintiffs and said Edward J. Cabbage, deceased, entered into a co-partnership as dry goods merchants, to commence on.the 1st day of January, 1866, to continue for two years; that amongst other things it was provided by their articles or agreement of partnership, that in case of the death of one or more of the partners before the expiration of the term of said partnership, that said partnership should not thereby be dissolved, but should continue and be carried on by…
2Cases cited1 opinion
- State ex rel. Attorney-General v. The Boatmen's Savings InstitutionSupreme Court of Missouri · 1871
3Cited by4 opinions
- Elliott v. Landis Machine Co.Supreme Court of Missouri · 1911
- Mortland v. Poweshiek CountySupreme Court of Iowa · 1912
- Suarez v. De MontignyNew York Supreme Court · 1895
- Nations v. PulseSupreme Court of Missouri · 1903