Cowan v. Leming
Missouri Court of Appeals
Appeal from Stoddard Circuit Court. — Hon'. J. L. Fort, Judge. In treating of the effect of a dismissal of a suit •against one partner and taking judgment against the other, Mr. Parsons lays down the rule in the following language: “And a judgment obtained against one partner, whether the other be ostensible or secret, discharges the firm from liability to be sued for the same debt.”
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Appeal from Stoddard Circuit Court. — Hon'. J. L. Fort, Judge. In treating of the effect of a dismissal of a suit •against one partner and taking judgment against the other, Mr. Parsons lays down the rule in the following language: “And a judgment obtained against one partner, whether the other be ostensible or secret, discharges the firm from liability to be sued for the same debt.” Parsons’ Law on Contracts, 2 Ed., chapter 6, star, page 107; Freeman’s Law of Judgments, 2 Ed., section 232; Hill et al. v. Bell et al., 111 Mo. 44,19 S. W. 959; Bowen v. Mill Co., 31 Iowa 460; Travis v.Tortt, 8…
1Opinion of the CourtBland, P. J.
(after stating the facts). — The court was without authority to award an execution against Leming as administrator of the estate of Leming & Lamson. The .court should have ordered the judgment certified to the Probate court for allowance and classification against thé partnership estate. Sections 191 and 65, R. S. 1899.
A judgment against one partner for a partnership debt is, in States where a judgment may be rendered against the partnership as such, a bar to any suit on the same demand against the partnership. Freeman on Judgments (4 Ed.), sec. 232.
In Hill v. Bell, 111 Mo. l. c. 44, 19 S. W.…
2Cases cited3 opinions
- Travis v. TarttSupreme Court of Alabama · 1845
- Hill v. BellSupreme Court of Missouri · 1892
- Simpson v. SchulteMissouri Court of Appeals · 1886
3Cited by2 opinions
- Webb, Jr. v. GregoryCourt of Appeals of Texas · 1908
- Ungerleider v. EwersOhio Court of Appeals · 1925