Weise v. Moore
Missouri Court of Appeals
Appeal from Moniteau Circuit Court, Hon. E. L. Edwakds, Judge. Statement of case by the court. This is an action for wrongfully taking and converting personal property, consisting of wheat and corn. The material facts are, that one Hanawalt and Weise were partners in the milling business at Tipton, Missouri.
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Appeal from Moniteau Circuit Court, Hon. E. L. Edwakds, Judge. Statement of case by the court. This is an action for wrongfully taking and converting personal property, consisting of wheat and corn. The material facts are, that one Hanawalt and Weise were partners in the milling business at Tipton, Missouri. Weise died in 1883. Hanawalt seems to have continued thereafter to run the mill, under the firm name of Hanawalt & Co. In the spring of 1884 he applied to plaintiff, who is the widow of the deceased partner, for some money, which came to her as the proceeds of a life policy on her…
1Opinion of the CourtPhilips, P. J.
I. The first fact apparent; from this record is that the property in question never belonged to the partnership estate of Hanawalt & Weise. It was not in existence at the time of the death of Weise; nor was it the product of any asset or money of the estate. By the death of Weise the co-partnership was effectually dissolved, and at an end. After that, Hanawalt, the surviving partner, had no power to create any new debts or obligations of the concern. The Exchange Bank v. Tracy, 77 Mo. 599.
As such surviving partner Hanawalt was entitled to the possession and control of the partnership assets…
2Cases cited10 opinions
- Noble v. BlountSupreme Court of Missouri · 1883
- McCoy v. HyattSupreme Court of Missouri · 1883
- Easton v. CourtwrightSupreme Court of Missouri · 1884
- Bray v. MarshallSupreme Court of Missouri · 1882
- Bredow v. Mutual Savings InstitutionSupreme Court of Missouri · 1859
5 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Roberts v. HendricksonMissouri Court of Appeals · 1898
- Freeman v. HemenwayMissouri Court of Appeals · 1898
- Rozelle v. HarmonMissouri Court of Appeals · 1888
- Teney v. LaingSupreme Court of Kansas · 1891
- State ex rel. Shipman v. ShipmanMissouri Court of Appeals · 1901