State ex rel. Bredell v. Baldwin
Supreme Court of Missouri
Appeal from St. Louis Court of Common Pleas. Smitli Baldwin and John C. Bredell were partners in business. John C. Bredell died January oth, 1858, leaving a will which was duly proved, and of which Edward Bredell, the relator, was executor, who took letters testamentary on the 15th of January.
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Appeal from St. Louis Court of Common Pleas. Smitli Baldwin and John C. Bredell were partners in business. John C. Bredell died January oth, 1858, leaving a will which was duly proved, and of which Edward Bredell, the relator, was executor, who took letters testamentary on the 15th of January. Smith Baldwin, the surviving partner, on the 6th of April, 1853, gave bond as surviving partner, under the law of 1845, (see p. 70, E. C. 1845,) and undertook the management of the partnership property. The bond is to the State, in the penalty of thirty thousand dollars, and has the following condition,…
1Opinion of the CourtDryden, Judge
The error complained of is the refusal of the common pleas to instruct the jury as asked by appellants. This case was here at the March term, 1858, (see 27 Mo. 103,) when it was decided, properly, as we think, that the final settlement of Baldwin, and the order of distribution made by the probate court, did not conclude the plaintiff, as the common pleas was by the first instructions asked to declare. The settlement was competent evidence against Baldwin, as an admission by him of assets in his hands. (1 Green Ev., p. 657, § 527 A.) Eor this purpose alone it was introduced, and for this it…
2Cases cited1 opinion
- State ex rel. Bredell's v. BaldwinSupreme Court of Missouri · 1858