American Hardwood Lumber Co. v. Nickey
Missouri Court of Appeals
Appeal from St. Louis County Circuit Court. — How. J. W. McElhinney, Judge. STATEMENT. The case is here on a second appeal. In the statement of facts on the first appeal (see 89 Mo. App. 270 et seq.) the pleadings, the portions of the contract upon which the pleadings are predicated, the history of the doings and transactions of all the parties in interest in respect to the sawmill and logs, are fully set forth.
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Appeal from St. Louis County Circuit Court. — How. J. W. McElhinney, Judge. STATEMENT. The case is here on a second appeal. In the statement of facts on the first appeal (see 89 Mo. App. 270 et seq.) the pleadings, the portions of the contract upon which the pleadings are predicated, the history of the doings and transactions of all the parties in interest in respect to the sawmill and logs, are fully set forth. All the legal questions involved in the controversy were adjudicated on the first appeal and the judgment was reversed and the cause remanded to try a single issue of fact, to-wit,…
1Opinion of the CourtBland, P. J.
Declaration of law No. 6, given by the court, is erroneous.
The common-law rule of survivorship in one member of a firm on the death of the other, has not been abrogated in this Státe (Avery v. The Kansas City & Southern R’y Co., 113 Mo. 561; Judy & Co.’s Surviving Partner v. Mfg. Co., 60 Mo. App. 114), and Kilgore, as the surviving partner of the firm of Short & Kilgore, had the legal right to assign the chose in action in suit to plaintiff.
The only issue of fact for trial was whether or not Short & Kilgore had performed their part of the contract of September 10, 1895. On June 15, 1896, this…
2Cases cited2 opinions
- Avery v. Kansas City & Southern RailroadSupreme Court of Missouri · 1893
- W. W. Judy & Company's Surviving Partner v. St. Louis Ice Manufacturing & Storage Co.Missouri Court of Appeals · 1894
3Cited by3 opinions
- State ex rel. Shipman v. AllenMissouri Court of Appeals · 1908
- Maynard v. DamronCourt of Appeals of Kentucky (pre-1976) · 1931
- Milbank-Scampton Milling Co. v. PackwoodMissouri Court of Appeals · 1911