Webb v. Allington
Missouri Court of Appeals
Appeal from Jasper Circuit Court, Hon. M. G-. McGregor, Judge. Motion for rehearing denied. The case and facts are stated in the opinion of the court. I. If a partnership existed, it was a non-trading partnership. Deardorf’ s Admir v. Thacher ei at., 78 Mo. 128 ; Smith v. Sloan, 19 Am. Eep. 757. II.
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Appeal from Jasper Circuit Court, Hon. M. G-. McGregor, Judge. Motion for rehearing denied. The case and facts are stated in the opinion of the court. I. If a partnership existed, it was a non-trading partnership. Deardorf’ s Admir v. Thacher ei at., 78 Mo. 128 ; Smith v. Sloan, 19 Am. Eep. 757. II. A partner in a non-trading partnership cannot bind a co-partner by a bill or note drawn or accepted or endorsed by him in firm name, not even for a debt owed by the firm, unless he have express authority from his co-partner, or it is usual or customary in similar partnerships. TJlery v. Geirieh,…
1Opinion of the CourtPhilips, P. J.
This is an action against the defendants to recover on several instruments of writing in the form of promissory notes. Allington made default, and Anderson interposed the plea of non est factum. The record, as presented in the abstract furnished by the appellant, is imperfect; but its defects have been so far supplied, in the matter of evidence, by respondent, as not to j ustify us in visiting upon appellant the penalty prescribed in rule fifteen of this court. Prom it we gather, substantially, the following state of facts: Plaintiff’s evidence tended to show that defendants were partners, at…
2Cases cited17 opinions
- Noble v. BlountSupreme Court of Missouri · 1883
- Kersey v. GartonSupreme Court of Missouri · 1883
- Treadwell v. DavisCalifornia Supreme Court · 1868
- Wade v. HardySupreme Court of Missouri · 1882
- Deardorf's Administrator v. ThacherSupreme Court of Missouri · 1883
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3Cited by6 opinions
- D. C. Hardy Implement Co. v. South Bend Iron WorksSupreme Court of Missouri · 1895
- Minnesota Sandstone Co. v. ClarkWashington Supreme Court · 1904
- Randall v. LeeMissouri Court of Appeals · 1897
- Ferneau v. WhitfordMissouri Court of Appeals · 1890
- Third National Bank v. D. A. Faults & Co.Missouri Court of Appeals · 1905
1 more not listed; retrieve them via the Exa API.