Legal Opinion

R. L. McDonald & Co. v. Cash & Hainds

Missouri Court of Appeals

Decided April 9, 1894PublishedCited by 8 opinions

Appeal from the Chariton Circuit Court. — Hon. G-. D. Burgess, Judge. (1) “Partnership creditors have a primary and exclusive claim upon the partnership assets of * * * insolvent partners.” Tenney v. Johnson, 43 N. H. 144; Phelps v. McNeeley, 66 Mo. 554; Flannegm v. Alexcmder, 50 Mo. 50; Ackley v. Staehlin, 56 Mo. 561; McDonald db Co. v. Cash db Hainds, 45 Mo. App. 66; In re Estate of Edwards dbWigginton, 47 Mo.

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Appeal from the Chariton Circuit Court. — Hon. G-. D. Burgess, Judge. (1) “Partnership creditors have a primary and exclusive claim upon the partnership assets of * * * insolvent partners.” Tenney v. Johnson, 43 N. H. 144; Phelps v. McNeeley, 66 Mo. 554; Flannegm v. Alexcmder, 50 Mo. 50; Ackley v. Staehlin, 56 Mo. 561; McDonald db Co. v. Cash db Hainds, 45 Mo. App. 66; In re Estate of Edwards dbWigginton, 47 Mo. App. 307; Beylurn v. Mitchell, 106 Mo. 365, 375, top 377; Murrill v. Neill, 8 How. (U. Í3.) 414, at close of opinion; Bowen v. Billings, 13 Neb. 439, loe. cit. 443; Bo op v. Herron,…

1Opinion of the CourtEllison, J.

— This action was begun against defendants Cash & Hainds, partners in the mercantile business. An attachment, in aid, was levied upon a stock of general merchandise as the property of defendants,- but which was in the possession of, and claimed by, the interpleader. The trial resulted in a verdict and judgment for interpleader.

The facts necessary to state for an understanding of the point we deem necessary to decide, are substantially these: Cash & Hainds were insolvent both as a firm and individually; that is to say, they were insolvent in the sense that their assets, liable to process of…

2Cases cited29 opinions

  1. Case v. BeauregardSupreme Court of the United States · 1879
  2. Fitzpatrick v. FlannaganSupreme Court of the United States · 1882
  3. Sexton v. AndersonSupreme Court of Missouri · 1888
  4. Allen v. Center Valley Co.Supreme Court of Connecticut · 1851
  5. Reyburn v. MitchellSupreme Court of Missouri · 1891

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3Cited by8 opinions

  1. Sargent v. BlakeCourt of Appeals for the Eighth Circuit · 1908
  2. Kelly-Goodfellow Shoe Co. v. Vail Bros.Missouri Court of Appeals · 1900
  3. Blasland - Parcels - Jordon Shoe Co. v. HicksMissouri Court of Appeals · 1897
  4. J. G. Hutchinson & Co. v. Morris Bros.Missouri Court of Appeals · 1900
  5. Freedman v. HolbergMissouri Court of Appeals · 1901

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