Munro v Stein [1961] ScotCS CSOH_3 (23 June 1961)

Munro v Stein [1961] ScotCS CSOH_3 (23 June 1961)

The evidence established that Munro and the deceased Stein entered into a partnership on a fifty-fifty basis, with the dance hall forming part of the partnership assets. The partnership existed as at 2 January 1959, and Munro is entitled to an equal share of capital and profits. Heritable property was validly brought into partnership stock at formation, proven by oral evidence and the signed receipt.

Citation
[1961] ScotCS CSOH_3
Parties
Pursuer: Munro; Defender: Stein; Deceased Partner: Robert Sneddon Stein (deceased); Defender (widow): Mrs Stein; Defender: First-named defender (son of deceased); Defender: Third-named defender (daughter of deceased); Defender (firm): Messrs Stein & Munro
Jurisdiction
Scotland
Judgment Date
23 June 1961
Procedural Posture
Civil Declarator and Conveyance / Final Judgment
Outcome
decree granted for pursuer
Legal Topics
Constitution of Partnership, Partnership Property, Heritable Property in Partnership, Succession of Partnership Interest
Partnership Law Property Law Succession Law Constitution of Partnership Partnership Property Heritable Property in Partnership Succession of Partnership Interest

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Parties

Munro

Pursuer

Stein

Defender

Robert Sneddon Stein (deceased)

Deceased Partner

Mrs Stein

Defender (widow)

First-named defender (son of deceased)

Defender

Third-named defender (daughter of deceased)

Defender

Messrs Stein & Munro

Defender (firm)

Procedural Posture

Civil Declarator and Conveyance / Final Judgment

Legal Issues

  1. 1 Whether a partnership existed between Munro and the deceased Stein as at 2 January 1959
  2. 2 Whether the dance hall at 163 High Street, Musselburgh formed part of the assets of the partnership
  3. 3 Whether the pursuer is entitled to an equal share of the capital and profits

Ratio Decidendi

The evidence established that Munro and the deceased Stein entered into a partnership on a fifty-fifty basis, with the dance hall forming part of the partnership assets. The partnership existed as at 2 January 1959, and Munro is entitled to an equal share of capital and profits. Heritable property was validly brought into partnership stock at formation, proven by oral evidence and the signed receipt.

Court Disposition

decree granted for pursuer

Orders

  • Declarator that Munro and the deceased were partners as at 2 January 1959, entitled to equal share of capital and profits
  • Declarator that the dance hall at 163 High Street, Musselburgh formed part of partnership assets