Legal Opinion

Hershfield v. Horace B. Claflin & Co.

Supreme Court of Kansas

Decided January 15, 1881PublishedCited by 6 opinions

Error from Leavenworth District Court. ACTION for damages brought by Hershfield against Horace B. Claflin and others, partners. Trial by the court at the March Term, 1877, and judgment for the defendants. . The plaintiff brings the case to this court. The nature of the action, and the facts, appear in the opinion.

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Error from Leavenworth District Court. ACTION for damages brought by Hershfield against Horace B. Claflin and others, partners. Trial by the court at the March Term, 1877, and judgment for the defendants. . The plaintiff brings the case to this court. The nature of the action, and the facts, appear in the opinion. The defendants were engaged in the perpetration of a tort against the rights and property of Hershfield, which would have resulted in a liability for the entire value of his interest, when completed. Was the plaintiff compelled to wait till the act was completed, and take the…

1Opinion of the Court

The opinion of the court was delivered by

VALENTINE, J.:

Jacob Hershfield, who is the plaintiff in error, and who was the plaintiff below, and Julius Steinback, owned 1,875 head of cattle. They owned these cattle in the capacity of copartners, but their ownership seems also to have partaken of the nature of a tenancy in common. Steinback owned a two-thirds interest in the property, and Hershfield owned the other one-third interest, the whole of the partnership property, however, being subject first to the payment of the partnership debts. H. B. Claflin & Co., who are the defendants in error,…

2Cases cited4 opinions

  1. Branch v. WisemanIndiana Supreme Court · 1875
  2. Wiles v. MaddoxSupreme Court of Missouri · 1857
  3. Moore v. PennellSupreme Judicial Court of Maine · 1862
  4. Russ v. FaySupreme Court of Vermont · 1857

3Cited by6 opinions

  1. Felt v. CleghornColorado Court of Appeals · 1892
  2. State v. WilliamsSupreme Court of Kansas · 1966
  3. L. Fullam & Co. v. Abrahams & EpstineSupreme Court of Kansas · 1883
  4. Williams v. MuthersbaughSupreme Court of Kansas · 1883
  5. Sartain v. CowherdSupreme Court of Oklahoma · 1924

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