Hellmann v. Wellenkamp
| Decision Date | 30 April 1880 |
| Citation | 71 Mo. 407 |
| Parties | HELLMANN, Plaintiff in Error, v. WELLENKAMP. |
| Court | Missouri Supreme Court |
Error to Franklin Circuit Court.--HON. A. J. SEAY, Judge.
AFFIRMED.
Crews & Booth for plaintiff in error.
Daniel Q. Gale and John R. Martin for defendant in error.
The petition alleged in substance that Francis Mindrup and defendants. Trentmann and Narup, entered into a co-partnership in the lumber business in 1867, under the firm name of Trentmann, Narup & Co.; that by the terms of agreement if any partner advanced more capital than another, he was to be paid out of the shares of his co-partners, with interest at the rate of eight per cent per annum for the amount so advanced, and they were to have an equal share in the profits, and bear an equal share of any losses; that Mindrup put in the concern over $8,000 more than either of the others, and died in September, 1870, and, at his death, the firm was indebted to him in the sum of $10,264.40; that the assets amounted to $40,294.70, and the liabilities to $29,818.45; that in October, 1870, the plaintiff Hellmann and the defendant Narup administered on the estate of Mindrup, and also upon the partnership estate; that afterward Narup and his co-defendant Trentmann, formed a copartnership under the same firm name in the same business; that neither of them had any capital, but they conducted the business solely upon the property and assets of the old firm, until the 24th day of November, 1875, and during its continuance acquired and improved property to the value of $7,183.33, and on the 24th day of November, 1875, executed an assignment to defendants Tiemann and Wellenkamp, of property described in the petition, which was the property and its proceeds belonging to the old firm; that the assignees took it with full knowledge of all the facts, and with the fraudulent intent to apply it to the payment of the debts of Trentmann and Narup, and have since disposed of the property, and now have on hand the proceeds amounting to $32,545.19; that plaintiffs, Anna, Joseph, Henry and Catherine Mindrup, are the only heirs of the deceased; that the partnership estate of Trentmann, Narup & Co., after being in administration for over four years, was finally settled and the administrators thereof discharged therefrom, in the year 1876; * * that Mindrup's estate is yet unsettled; that Tiemann and Wellenkamp are about to dispose of the said property in payment of the debts of Trentmann and Narup.” The petitioners ask judgment for $10,264.40, with interest from ...
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