Thornton v. Mersereau
Missouri Court of Appeals
Appeal from St. Louis County Circuit Court. — Hon, G. A. Wurdemon, Judge. (1) One partner cannot sne another in an action at law until a settlement has been made between them of the partnership affairs, even on a special agreement to pay salary. Richardson v. Bank, 4 My. & Cr. 165; Gaskell v. Spence, 83 Mo. App. 380. (2) The testimony of the witness Hempleman should not have been admitted,’ and on defendant’s motions should have been stricken from the record.
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Appeal from St. Louis County Circuit Court. — Hon, G. A. Wurdemon, Judge. (1) One partner cannot sne another in an action at law until a settlement has been made between them of the partnership affairs, even on a special agreement to pay salary. Richardson v. Bank, 4 My. & Cr. 165; Gaskell v. Spence, 83 Mo. App. 380. (2) The testimony of the witness Hempleman should not have been admitted,’ and on defendant’s motions should have been stricken from the record. (3) (a) A single instruction offered by plaintiff coyering-his whole case must not ignore any material defense of defendant. Link v.…
1Opinion of the CourtReynolds, P. J.
Tbe petition in this case as originally framed consisted of four counts. The first and fourth were abandoned at tbe trial, and while there was a verdict for plaintiff on tbe third count, be remitted all of that verdict so that tbe only count necessary for consideration is tbe second. That states *6that plaintiff entered into the service of defendant, at the request of defendant, and served as superintendent of construction of certain construction work, the work being the construction of certain alleys, in the city of St. Louis and the construction of certain abutments in St. Louis county of a…
2Cases cited5 opinions
- McDonald v. MatneySupreme Court of Missouri · 1884
- Torbert v. JeffreySupreme Court of Missouri · 1901
- Nugent v. Armour Packing Co.Supreme Court of Missouri · 1907
- Carson, Pierie, Scott & Co. v. CulverMissouri Court of Appeals · 1899
- Edgell v. MacqueenMissouri Court of Appeals · 1879