Legal Opinion

Scharringhausen v. Luebsen

Supreme Court of Missouri

Decided March 15, 1873PublishedCited by 1 opinion

Appeal from, St. Louis Circuit Gourt By taking the whole contract together it will be seen that the parties were tenants in common'in a certain chattel; that-upon the death of one of the tenants in common, his interest was to revert in his co-tenant and as the assessed value of such interest, his representatives were to receive $1,000 which said co-tenant obligates himself by said contract to pay.

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Appeal from, St. Louis Circuit Gourt By taking the whole contract together it will be seen that the parties were tenants in common'in a certain chattel; that-upon the death of one of the tenants in common, his interest was to revert in his co-tenant and as the assessed value of such interest, his representatives were to receive $1,000 which said co-tenant obligates himself by said contract to pay. By the terms of the agreement it was at the election of the defendant, whether he would recover the interest of the deceased.

1Opinion of the CourtEwing, Judge

This is an action to recover a sum of money, which is claimed to be due under a stipulation contained in articles of co-partnership, to which Schlesack plaintiffs intestate, and the defendant were parties. The cause was submitted to the Court • a jury being waived, upon an agreed statement of facts, and ■ there was a judgment for the defendant, which on appeal to the General Term was affirmed, and from which the cause is brought here by appeal. The allegations of the petition are substantially, that Schlesack formed a co-partnership with the defendant for carrying on the “flying horse…

2Cited by1 opinion

  1. Russell & Co. v. State Ins.Supreme Court of Missouri · 1874

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