Barnes v. Stone
Supreme Court of Missouri
Appeal from New Madrid Circuit Court. — No». E. O. Riley, Judge. (1) The right of the surviving partner to settle up the partnership estate existed at common law and has never been taken away from him by statutes of this State; consequently, it remains in full force, and he may proceed to wind up the partnership estate without administration or any action of the probate court.
Read the full summary
Appeal from New Madrid Circuit Court. — No». E. O. Riley, Judge. (1) The right of the surviving partner to settle up the partnership estate existed at common law and has never been taken away from him by statutes of this State; consequently, it remains in full force, and he may proceed to wind up the partnership estate without administration or any action of the probate court. At common law the title to all partnership property is invested in the surviving partner for this purpose. Having the right to settle up the partnership estate, his acts, done in the pursuance of that right, must be…
1Opinion of the CourtGantt, J.
This is an appeal from the circuit court of New Madrid county, Missouri, dissolving the temporary injunction which had been previously granted by said court restraining and enjoining the defendant Stone from selling certain real estate in said county, under and by virtue of a certain deed of trust made and executed on the 10th of November, 1899, by J. H. Stanley and Albert Maynard as co-partners in the saw-milling and timber business at Conran, Missouri.
The petition for the injunction in substance stated the following facts: That on the 10th of November, 1899, J. H. Stanley and Albert Maynard…
2Cases cited9 opinions
- Chicago, Burlington & Quincy Railroad v. WatsonIllinois Supreme Court · 1883
- State ex rel. Haeussler v. Court of AppealsSupreme Court of Missouri · 1877
- Ryan v. SanfordIllinois Supreme Court · 1890
- Barnard v. DuncanSupreme Court of Missouri · 1866
- Davis v. HessSupreme Court of Missouri · 1890
4 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Drake v. HicksSupreme Court of Missouri · 1952
- Atkinson v. SmothersMissouri Court of Appeals · 1956
- Payne v. Daviess County Savings Ass'nSupreme Court of Missouri · 1906