McKinnon v. McKinnon
Court of Appeals for the Eighth Circuit
Appeal from the Circuit Court of the United States for the Western District of Missouri. In Equity. This was a suit Tby John A. McKinnon against David II. McKinnon, Isabella McDonald, and John McDonald. The court below dismissed Ihe bill. 46 Fed.
Read the full summary
Appeal from the Circuit Court of the United States for the Western District of Missouri. In Equity. This was a suit Tby John A. McKinnon against David II. McKinnon, Isabella McDonald, and John McDonald. The court below dismissed Ihe bill. 46 Fed. Rep. 71:>. Complainant appeals. ¡Statement by THAYER, District Judge: This was a bill which was filed ivy the ai>pellant in the circuit court for the western district of Missouri to restrain tho appellees from prosecuting a certain ejectment suit, and to specifically enforce a covenant contained in a copartnership agreement that was entered into by…
1Opinion of the Court
THAYER, District Judge,
(after stating the case.) The action of the circuit court in dismissing the bill was made to turn, largely, if not entirely, on the following findings of law and fact:
First. That the clause in (he partnership articles of date January 1, 1884, which provided that, in the event of the death of the senior member, “all his property, personal and otherwise, which hi' held in partnership at the time of his death, should go to the junior partner,” was a mere testamentary disposition, and void, because not executed in conformity with the Missouri statute concerning wills.
Second.…
2Cases cited17 opinions
- Sharkey v. McDermottSupreme Court of Missouri · 1887
- Buchan v. SumnerNew York Court of Chancery · 1847
- Fairchild v. . FairchildNew York Court of Appeals · 1876
- Sutton v. HaydenSupreme Court of Missouri · 1876
- Gupton v. GuptonSupreme Court of Missouri · 1870
12 more not listed; retrieve them via the Exa API.
3Cited by38 opinions
- Kofka v. RosickyNebraska Supreme Court · 1894
- Svanburg v. FosseenSupreme Court of Minnesota · 1899
- Coe v. WinchesterArizona Supreme Court · 1934
- Estate of HoweCalifornia Supreme Court · 1948
- Smith v. SmithSupreme Court of Iowa · 1916
33 more not listed; retrieve them via the Exa API.