Legal Opinion

Lyons v. Murray

Supreme Court of Missouri

Decided April 15, 1888PublishedCited by 14 opinions

Error to Hannibal Court of Common Pleas. — Hon. Theodore Brace, Judge. ' (1) If one partner pays the debts of his firm with his individual money or property, he to that extent becomes a creditor of his firm, and is entitled to be paid as such.

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Error to Hannibal Court of Common Pleas. — Hon. Theodore Brace, Judge. ' (1) If one partner pays the debts of his firm with his individual money or property, he to that extent becomes a creditor of his firm, and is entitled to be paid as such. Kendall v. Eider] 35 Barb. 100; Morris v. Morris, 4 Gfratt. 293; Aver ell v. Louclcs, 6 Barb. 477: Bisby v. Lawrence, 11 Paige, 387; Adams v. Sturgis, 55 111. 468. Where the creditors of a firm have resorted to the separate estate of one of the partners, thereby exonerating the partnership estate so as to produce a surplus of firm assets, in case of the…

1Opinion of the CourtBlack, J.

Plaintiffs sued out this writ of error to review the judgment of the circuit court in sustaining a demurrer to- the amended petition. Aaron McPike,. one of the plaintiffs, recovered a judgment against Edward C. Murray, Archibald M., William M., and Walter J. YanHorn, partners, doing business under the firm name of YanHorn, Murray & Company, for some-fourteen hundred dollars in the year 1870. The other: *28plaintiffs, Sarah. C. Lyons and the Bank of Pike County, obtained judgments against Murray, the former for one hundred and forty-two dollars, and the latter for forty-seven hundred and forty…

2Cases cited2 opinions

  1. Pendleton v. PerkinsSupreme Court of Missouri · 1872
  2. Merry v. FremonSupreme Court of Missouri · 1869

3Cited by14 opinions

  1. Wagner Supply Co. v. BatemanTexas Supreme Court · 1929
  2. Humphreys v. Atlantic Milling Co.Supreme Court of Missouri · 1889
  3. Savings & Loan Corp. v. BearSupreme Court of Virginia · 1930
  4. State Ex Rel. Nute v. BruceSupreme Court of Missouri · 1934
  5. Bass v. DaetwylerMissouri Court of Appeals · 1957

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