Shields v. Fuller
Wisconsin Supreme Court
ERROR TO' THE ©IBCU1T COURT OE MILWAUKEE COUNTY. This was an action of assumpsit brought by Albert Fuller, tbe defendant in error, against tbe plaintiff in error, to recover the amount of certain accounts for thrashing done by Fuller, and Simon Shields in bis lifetime, as partners, and which William Shields had collected as administrator of Simon Shields, deceased.
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ERROR TO' THE ©IBCU1T COURT OE MILWAUKEE COUNTY. This was an action of assumpsit brought by Albert Fuller, tbe defendant in error, against tbe plaintiff in error, to recover the amount of certain accounts for thrashing done by Fuller, and Simon Shields in bis lifetime, as partners, and which William Shields had collected as administrator of Simon Shields, deceased. The facts in the case are as follows, viz.: The defendant below admitted that he collected from tbe persons named in tbe plaintiffs’ bill of particulars tbe sums of money therein mentioned, and that such sums were due to tbe late…
1Opinion of the Court
By the Court,
WhitON, C. J.
We are of the opinion that the judgment in this case is correct.
By the agreement of the parties made at the trial, it appears that the plaintiff in error collected the money, which is the sub*104ject of this suit, as the administrator of Simon Shields, deceaséd, and that it was due to the late firm of Fuller & Shields, of which the defendant in error is survivor.
The doctrine', that when a partnership is dissolved by the death of one of the partners, the survivor is entitled to the assets of the firm, for the purpose of paying its debts, and that he can, as such survivor,…
2Cited by8 opinions
- Hargadine v. GibbonsMissouri Court of Appeals · 1891
- Thomas v. MannWyoming Supreme Court · 1913
- Zimmerman v. ChambersWisconsin Supreme Court · 1891
- Schenk v. LewisSupreme Court of South Carolina · 1923
- Amunategui v. Spokane Cattle Loan Co.Idaho Supreme Court · 1923
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