Kahn v. Johnson
Missouri Court of Appeals
Appeal from Yernon Circuit Court, Hon. Jas. B. Gantt, J. Statement of case by the court. In the final settlement of the estate of Kahn & McNeel, of which S. Kahn, surviving partner of said partnership was administrator, the probate court of Yernon county allowed the said S. Kahn, as a credit, the sum of $2,232.81, which the books of the partnership showed S. Kahn had paid into the firm in excess of one-half of the capital of said firm, and, as such excess, was due from…
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Appeal from Yernon Circuit Court, Hon. Jas. B. Gantt, J. Statement of case by the court. In the final settlement of the estate of Kahn & McNeel, of which S. Kahn, surviving partner of said partnership was administrator, the probate court of Yernon county allowed the said S. Kahn, as a credit, the sum of $2,232.81, which the books of the partnership showed S. Kahn had paid into the firm in excess of one-half of the capital of said firm, and, as such excess, was due from McNeel to Kahn at the time of McNeel’s death. This claim was never proved against the partnership estate otherwise than in…
1Opinion of the Court
Opinion by
Hall, J.
The single ground urged by appellant for the reversal of the judgment of the circuit court is, that S. Kahn, administrator'of the estate of Kahn & McNeel, as surviving partner of that firm, stood in the same relation to the estate that any other person as administrator would have *429stood; and that, in order for him to have had allowed against the estate any claim- in his favor, an administrator pro tern, should have been appointed-, and the same proceedings should have been had .that would have been had in an ordinary. administration. The questions thus presented are the only…
2Cases cited3 opinions
- Burton v. RutherfordSupreme Court of Missouri · 1872
- Crow v. WeidnerSupreme Court of Missouri · 1865
- Denny v. TurnerMissouri Court of Appeals · 1876
3Cited by1 opinion
- Pheonix Insurance v. OwensMissouri Court of Appeals · 1899