Quinlivan v. English
Supreme Court of Missouri
Appeal from St. Louis Circuit Court. The eleventh article o£ the partnership agreement, the meaning and effect o£ which is a point in dispute in the case, ivas in the words following, viz: “That in case of the death of any of the said partners, violation of any of the articles of this agreement, or other dissolution of this partnership, a general account of stock shall be taken, in writing, as before provided, and the balance due such deceased or outgoing partner or partners…
Read the full summary
Appeal from St. Louis Circuit Court. The eleventh article o£ the partnership agreement, the meaning and effect o£ which is a point in dispute in the case, ivas in the words following, viz: “That in case of the death of any of the said partners, violation of any of the articles of this agreement, or other dissolution of this partnership, a general account of stock shall be taken, in writing, as before provided, and the balance due such deceased or outgoing partner or partners ascertained, and such balance paid such outgoing partner or the representatives of such deceased partner as follows:…
1Opinion of the CourtHolmes, Judge
The plaintiffs filed their bill in equity, after a dissolution by consent of the partnership subsisting between the parties, praying for an injunction, a receiver, an account, and a sale of the partnership effects, for the purpose of winding up the concern. The articles of partnership contained a stipulation that in case of the dissolution of the partnership by the decease of a partner, or by a violation of the agreement, or otherwise,, a general account of stock should be taken, and that the interest of the outgoing partner, being ascertained by agreement or by arbitration, should be paid…
2Cases cited1 opinion
- Henn v. WalshNew York Court of Chancery · 1833
3Cited by2 opinions
- Smith v. WalkerMichigan Supreme Court · 1885
- Quinlivan v. EnglishSupreme Court of Missouri · 1869