Legal Opinion

Quinlivan v. English

Supreme Court of Missouri

Decided March 15, 1869PublishedCited by 3 opinions

Appeal from St. Louis Circuit Court. The eleventh article of the articles of partnership referred to in the opinion of the court is as follows : “ Eleventh. — That in case of the death of any of the said partners, violation of any of the articles of this agreement, or other dissolution of this partnership, a general account of stock shall be taken in writing, as before provided, and the balance due such deceased or outgoing partner or partners ascertained, and such balance…

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Appeal from St. Louis Circuit Court. The eleventh article of the articles of partnership referred to in the opinion of the court is as follows : “ Eleventh. — That in case of the death of any of the said partners, violation of any of the articles of this agreement, or other dissolution of this partnership, a general account of stock shall be taken in writing, as before provided, and the balance due such deceased or outgoing partner or partners ascertained, and such balance paid such outgoing partner, or the representatives of such deceased partner, as follows: one-third of said balance in one…

1Opinion of the CourtBliss, Judge

The plaintiffs obtained from the circuit judge an injunction against defendant as partner, and, without hearing, a receiver was appointed, who took charge of the partnership property. Upon hearing in the Circuit Court, the injunction was dissolved and the bill dismissed, whereupon the plaintiffs appealed to this court, and the case was reported in 42 Mo. 362. By reference to the report it will be seen that the action of the Circuit Court in dissolving the injunction was fully sustained, the court holding that there was no cause whatever for granting it, and that defendant had a right, under…

2Cases cited1 opinion

  1. Quinlivan v. EnglishSupreme Court of Missouri · 1868

3Cited by3 opinions

  1. Rankin v. NewmanCalifornia Supreme Court · 1896
  2. Terminal Railroad Assn. of St. Louis v. SchmidtSupreme Court of Missouri · 1944
  3. Lasar v. BaldridgeMissouri Court of Appeals · 1888

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