Legal Opinion

Exchange Bank v. Tracy

Supreme Court of Missouri

Decided April 15, 1883PublishedCited by 19 opinions

Appeal from Macon Circuit Court. — Hon. Andrew Ellison, Judge. Tracy, Jr., had authority to continue the business, and bind the estate of the deceased. Pitkin v. Pitkin, 7 Conn. 307; Burwellv.Mandeville, 2How. 560; Edwards v. Thomas, 66 Mo. 468; Alexander v. Lewis, 47 Texas 481; Story Part., §§ 195, 196, 201. Judgment should have been rendered against the administrator, leviable out of the partnership estate.

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Appeal from Macon Circuit Court. — Hon. Andrew Ellison, Judge. Tracy, Jr., had authority to continue the business, and bind the estate of the deceased. Pitkin v. Pitkin, 7 Conn. 307; Burwellv.Mandeville, 2How. 560; Edwards v. Thomas, 66 Mo. 468; Alexander v. Lewis, 47 Texas 481; Story Part., §§ 195, 196, 201. Judgment should have been rendered against the administrator, leviable out of the partnership estate. Asbury v. McIntosh, 20 Mo. 279. The authority to continue must be express. Story Part., (4 Ed.) § 243 ; Pitkin v. Pitkin, 7 Conn. 307; Burwell v. Mandeville, 2 How. 560 ; Kirkman v.…

1Opinion of the Court

Martin, C.

The controlling question in this case is, whether the estate of a deceased person can be subjected to the payment of a note executed and delivered after his death by his surviving partner in the name of the old firm.

It seems that B. N. Tracy, Sr.? on the 1st day of January, 1872, entered into a copartnership with his son, B. N. Tracy, Jr., under the firm name and style of “B. N. Tracy & Son,” for the purpose of carrying on a banking and brokerage business in the City of Macon. In the articles of agreement it was provided that the partnership might be terminated at any time by either…

2Cases cited4 opinions

  1. Burwell v. CawoodSupreme Court of the United States · 1844
  2. Edwards v. ThomasSupreme Court of Missouri · 1877
  3. Scholefield v. EichelbergerSupreme Court of the United States · 1833
  4. Alexander v. LewisTexas Supreme Court · 1877

3Cited by19 opinions

  1. Parnell v. ThompsonSupreme Court of Kansas · 1909
  2. Miller v. HoffmanMissouri Court of Appeals · 1887
  3. Andrews v. StinsonIllinois Supreme Court · 1912
  4. Silsby v. WickershamMissouri Court of Appeals · 1913
  5. Hidden v. EdwardsSupreme Court of Missouri · 1926

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