State ex rel. Bredell's v. Baldwin
Supreme Court of Missouri
Error to St. Louis Court of Common Pleas. Smith Baldwin and John C. Bredell were partners in trade. John 0. Bredell died January 5th, 1853, leaving a will, which was duly admitted to probate, by which Edward Bre-dell was appointed his executor.
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Error to St. Louis Court of Common Pleas. Smith Baldwin and John C. Bredell were partners in trade. John 0. Bredell died January 5th, 1853, leaving a will, which was duly admitted to probate, by which Edward Bre-dell was appointed his executor. Said Edward Bredell received letters testamentary, dated January 15, 1853. On the 6th of April, 1853, he gave bond as surviving partner under sections 59 and 51 of the first article of the administration act of 1845, (see B,. C. 1845, p. 70,) and undertook the management of the partnership property. This action was brought for a breach of the condition…
1Opinion of the CourtRichardson, Judge
This suit was not brought to recover the distributive share coming to the estate of the deceased partner on a final settlement of accounts after the payment of all partnership liabilities, but it is to recover a debt alleged to be due to the estate of the deceased partner by the late firm of which he was a member, on the ground that the surviving partner has partnership assets in his hands subject to be appropriated to the payment of the debt. One partner may be the creditor of a firm of which he is a member, and has a right to require payment out of the partnership assets like other…
2Cited by3 opinions
- Carr v. CatlinSupreme Court of Kansas · 1874
- McCloon v. BeattieSupreme Court of Missouri · 1870
- State ex rel. Bredell v. BaldwinSupreme Court of Missouri · 1862