Missouri Appeal Reports Volume 205

Missouri Appeal Reports Volume 205

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1921 edition. Excerpt: ...the law or are threatening to so act. In such case it is beyond the province of a court of equity to make a special order on a defendant requiring him to do what the law has already declared. See McLemore v. McNeley, 56 Mo. App. 556; Lester Real Estate Co. v. St. Louis, 169 Mo. 227, 69 S. W. 300. While there was some testimony that petitions had been filed with the Commissioners, the proof failed to show that the road district was violating Section 1, Session Acts of 1917, page 487. The judgment will be reversed. Sturgis, P. J., and Bradley, J., concur. In the Matter of the ESTATE OF FRED A. CHAPIN, Respondent, v. JAMES J. LONG, Administrator, Appellant. ' ' Springfield Court of Appeals, August 10, 1920. 1. EXEOUTORS AND ADIVIINISTRATORS: Court May Order Administrator to Inventory Assets. Where administrator erroneously appropriated as partnership property 'the proceeds of an insurance policy, the proper procedure was for the court to order the administrator to inventory it as an asset ot the individual estate, in view of Revised Statutes 1909, section 67, providing for an additional inventory. I 2. PARTNERSHIP: Presumed to Share Equally in Profits and Losses. In the absence of any other showing, the presumption is that partners share equally in the profits and losses of the business. Capital Furnished by Partner is Debt Owing by Firm, to Be Repaid to Him. It is a general rule that capital furnished by any partner, in the absence of agreement to the contrary, is a debt owing by the firm to the contributing partner, and necessarily is to be repaid him, it the firm assets are suflicient after paying the firm liabilities to outsiders. 4. Proceeds of Life Policy, Voluntarily Assigned to Firm, Considered as Capital, to Be Returned. Where...
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Product details

  • Paperback | 274 pages
  • 189 x 246 x 15mm | 494g
  • Rarebooksclub.com
  • United States
  • English
  • black & white illustrations
  • 1236767497
  • 9781236767493