E. R. Hawkins & Co. v. Quinette
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — Hon. Eugene McQuillin, Judge. (1) An appeal from the probate court is properly taken in the name of a claimant against an estate, even though after filing the claim and before the appeal the claimant has assigned his claim to another. Sec. 1924, R. S. 1909; McPaul v. Haley, 166 Mo. 56; Asher v. Railroad, 89 Mo. 116; i Ency. L. & P- (New Am. and Eng.
Read the full summary
Appeal from St. Louis City Circuit Court. — Hon. Eugene McQuillin, Judge. (1) An appeal from the probate court is properly taken in the name of a claimant against an estate, even though after filing the claim and before the appeal the claimant has assigned his claim to another. Sec. 1924, R. S. 1909; McPaul v. Haley, 166 Mo. 56; Asher v. Railroad, 89 Mo. 116; i Ency. L. & P- (New Am. and Eng. Ency.) 1002. (2) (a) At common law surviving partners had a right to hold title to partnership assets and collect them.and still have in Missouri subject only to be defeated by a statutory administration…
1Opinion of the CourtNortoni, J.
This is a proceeding for the allowance and classification of a demand against the estate of L. R. Wilson, deceased. It originated in the probate court of the city of St. Louis on March 5, 1906, through plaintiff’s exhibiting a judgment against Wilson’s estate, which it had obtained against him during his lifetime. Because E. R. Hawkins, a member of the plaintiff partnership was dead, the probate court, on the motion of the public administrator of the city of St. Louis, substituted him as claimant in lieu of the co-partnership', as though such partnership was dissolved by the death of Hawkins…
2Cases cited5 opinions
- Edwards v. ThomasSupreme Court of Missouri · 1877
- Exchange Bank v. TracySupreme Court of Missouri · 1883
- McFaul v. HaleySupreme Court of Missouri · 1901
- Hanley v. HoltonMissouri Court of Appeals · 1906
- Hax v. BurnesMissouri Court of Appeals · 1903
3Cited by2 opinions
- Mnookin v. CommissionerUnited States Tax Court · 1949
- Rich v. ClassMissouri Court of Appeals · 1982