McLean v. McAllister
Missouri Court of Appeals
Error to the Pike Circuit Court, Hon. E. M. Hughes, Judge. All contracts which by common law are joint only shall be construed to be joint and .several. Rev. Slat., secs. 658, 659-61. Plaintiff has the right to sue W. B. McAllister either individually or as administrator of the partnership estate. Banlc v. Qottey, 70 Mo. 150, and cases cited.
Read the full summary
Error to the Pike Circuit Court, Hon. E. M. Hughes, Judge. All contracts which by common law are joint only shall be construed to be joint and .several. Rev. Slat., secs. 658, 659-61. Plaintiff has the right to sue W. B. McAllister either individually or as administrator of the partnership estate. Banlc v. Qottey, 70 Mo. 150, and cases cited. This being an action involving a dead man’s estate — upon which said estate administration is now being had in the probate court — it cannot be maintained for the reason that the probate court has entire and exclusive jurisdiction of all such estates.…
1Opinion of the CourtRombauer, P. J.
The pleadings and evidence tended to show the following facts: The defendant and A. R. McAllister were, in the year 1872, copartners as W. B. & A. R. McAllister, and as such the assignees of. a claim held formerly by Anderson and Patterson against the Missouri ■& Iowa Construction Company. Anderson and Patterson had, prior to the assignment, given an order to plaintiff upon the company for the sum of $311.72, which order the company had accepted. When the company was sued by W. B. & A. R. McAllister as assignees, it set up the acceptance of this order in part defence to their recovery. It was…
2Cases cited3 opinions
- Gates v. WatsonSupreme Court of Missouri · 1874
- Bryant v. HawkinsSupreme Court of Missouri · 1871
- Knox County Savings Bank v. CotteySupreme Court of Missouri · 1879