Bredow v. Mutual Savings Institution
Supreme Court of Missouri
Appeal from St. Louis Court of Common Pleas. Alpheus E. Koehls. and Henry Golberg were partners in trade under the style of Koehls & Golberg. They held two promissory notes payable to their order as partners. These notes, during the existence of the partnership, were endorsed to the Mutual Sayings Institution for collection and as collateral security for an indebtedness then existing from Koehls & Golberg to said institution.
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Appeal from St. Louis Court of Common Pleas. Alpheus E. Koehls. and Henry Golberg were partners in trade under the style of Koehls & Golberg. They held two promissory notes payable to their order as partners. These notes, during the existence of the partnership, were endorsed to the Mutual Sayings Institution for collection and as collateral security for an indebtedness then existing from Koehls & Golberg to said institution. On the 27th of August, 1856, the partnership was dissolved by notice. A few days thereafter Golberg died, and on the 29th of September, 1856, his widow received letters…
1Opinion of the CourtRichaiidson, Judge
The main questions in this case are, whether the statute regulating the administration of partnership estates (R. C. 1835, p. 121) prohibits a surviving partner from winding up and settling the partnership concerns unless he first gives bond with security for the faithful discharge of his duties; and next, whether a surviving partner, independently of the statute, has authority to pass the legal title to a partnership note when transferred in payment of a partnership debt,
If the surviving partner executes a bond as provided in the fifty-fourth and fifty-fifth sections of the act, he can not…
2Cases cited5 opinions
- O'Donoghue v. CorbySupreme Court of Missouri · 1856
- Menkens v. MenkensSupreme Court of Missouri · 1856
- Long v. StorySupreme Court of Missouri · 1847
- Barclay v. Globe Mutual InsuranceSupreme Court of Missouri · 1858
- McDaniel v. WoodSupreme Court of Missouri · 1842
3Cited by25 opinions
- Crook v. TullSupreme Court of Missouri · 1892
- Easton v. CourtwrightSupreme Court of Missouri · 1884
- Quigley v. Mexico Southern BankSupreme Court of Missouri · 1883
- Goodson v. GoodsonSupreme Court of Missouri · 1897
- Hargadine v. GibbonsSupreme Court of Missouri · 1893
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