Gregory v. Menefee
Supreme Court of Missouri
Appeal from Jackson Circuit Court. — Hon. Nelson Cobb, Special Judge. The surviving partner was not entitled at common law to compensation for winding up the partnership estate. Story on Partnership, secs. 182 and 331; Collyer on Part., (Perkins Ed.) sec. 183; Parsons on Part., pp. 229, 230; Paine v. Thatcher, 25 Wend. 452; Brown v. McFarland, 41 Pa. St. 129; Johnson v. Harthouse, 52 N. Y. 173. Nor is there any statutory provision changing the common law rule.
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Appeal from Jackson Circuit Court. — Hon. Nelson Cobb, Special Judge. The surviving partner was not entitled at common law to compensation for winding up the partnership estate. Story on Partnership, secs. 182 and 331; Collyer on Part., (Perkins Ed.) sec. 183; Parsons on Part., pp. 229, 230; Paine v. Thatcher, 25 Wend. 452; Brown v. McFarland, 41 Pa. St. 129; Johnson v. Harthouse, 52 N. Y. 173. Nor is there any statutory provision changing the common law rule. Benny v. Turner, 2 Mo. App. 52; Crow v. Weidner, 36 Mo. 416; Green’s adm’r. v. Virden, 22 Mo. 506; Mutual Sav. Assoc. v. Enslin, 37…
1Opinion of the CourtNorton, J.
It appears from the record in this case that in August, 1877, L. II. Warinner, a member of the partnership of Warinner, Gregory & Co., a firm ■composed of L. H. Warinner, W. S. Gregory and James H. Beckham, departed this life; that after his decease W. S. Gregory and James II. Beckham, surviving partners, in August, 1877, filed their bond in pursuance of the statute, took charge of the assets of the partnership and proceeded to wind up its affairs. The record ■shows that two annual settlements were made in the probate court, in each of which the surviving partners took *416credit for five per…
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- State v. ClintonSupreme Court of Missouri · 1878
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