Stuart v. Sutcliffe
Supreme Court of Louisiana
APPEAL from the Civil District Court, Parish of Orleans. J. 1. Where a partnership styled “ John Klein.& Co.” was dissolved by the death of one of its members in 1888, and shortly afterwards a new firm was formed under the same firm name, composed of different individuals, the firms are not the same, nor are the assets and liabilities of the firstfirmthe assets and liabilities of the second firm. 19 An. 289; Abat, Generes et als. vs. Mrs. Emeline J. Penny | et als. 2. Where…
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APPEAL from the Civil District Court, Parish of Orleans. J. 1. Where a partnership styled “ John Klein.& Co.” was dissolved by the death of one of its members in 1888, and shortly afterwards a new firm was formed under the same firm name, composed of different individuals, the firms are not the same, nor are the assets and liabilities of the firstfirmthe assets and liabilities of the second firm. 19 An. 289; Abat, Generes et als. vs. Mrs. Emeline J. Penny | et als. 2. Where a member of the second firm who was also a member of the first firm assigns to the second firm his policy of life…
1Opinion of the Court
The opinion of the court was delivered by
Watkins, J.
This suit is prosecuted by the executors of William Stuart, deceased, for the recovery of a policy of insurance in the Mutual Life Insurance Company of New York, for the sum of $3000, and its dividends and avails, which risk had been taken on the life of the deceased, and which, it is alleged, by its terms and by operation of law, is made payable to the heirs and legatees of the deceased; and, as such, is an asset of his succession — the present value of same aggregating at date of the death of Stuart $9215.
Plaintiffs allege that the policy…
2Cited by9 opinions
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