Barnes v. Stanley
Missouri Court of Appeals
Appeal from New Madrid Circuit Court. — Hon. Henry C. Riley, Judge. (1) Appellant contends that interpleader has no standing in court, because his pretended appointment as administrator of the partnership estate of Stanley & Maynard, is void. Hence, appellant’s peremptory instruction should have been given.
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Appeal from New Madrid Circuit Court. — Hon. Henry C. Riley, Judge. (1) Appellant contends that interpleader has no standing in court, because his pretended appointment as administrator of the partnership estate of Stanley & Maynard, is void. Hence, appellant’s peremptory instruction should have been given. Secs. 56 and 57, R. S. 1899. (2) The statute makes provisions for the administration of a partnership estate only by two persons, viz.: the surviving partner, or the administrator of the deceased partner in his capacity as such administrator, and then only after having given an additional…
1Opinion of the CourtBarclay, J.
This is a controversy in regard to tbe possession of certain personal property formerly belonging to the partnership of Stanley & Maynard, composed of Messrs. James H. Stanley and Albert Maynard. The former died, February 11, 1901. Mr. Maynard at first proceeded toward liquidating the affairs' of the firm without formal administration. February 22, 1901, Mr. Seth S. Barnes as plaintiff brought a suit by attachment against the firm (naming both partners as defendants) on a demand for $329.17 for goods sold and delivered, charging fraudulent conveying and concealing of assets., etc. Under the…
2Cases cited11 opinions
- Crook v. TullSupreme Court of Missouri · 1892
- Bredow v. Mutual Savings InstitutionSupreme Court of Missouri · 1859
- Fuggle v. HobbsSupreme Court of Missouri · 1868
- Wheeler Savings Bank v. TraceySupreme Court of Missouri · 1897
- Goodson v. GoodsonSupreme Court of Missouri · 1897
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3Cited by3 opinions
- Hill v. BartonMissouri Court of Appeals · 1916
- In Re Harr Harr v. HawkinsMissouri Court of Appeals · 1929
- Milbank-Scampton Milling Co. v. PackwoodMissouri Court of Appeals · 1911