Legal Opinion

Coudrey v. Gilliam

Supreme Court of Missouri

Decided May 15, 1875PublishedCited by 16 opinions

Appeal from Chariton Court of Common Pleas. As to accounts between partners, the statute generally begins to ran upon the dissolution, of the partnership. (Patterson vs. Brown, 6 Mon., [Ky.] 10 ; Bisplian vs. Price. 15 How. [U. S.]. 162. 17S ; Cochran vs. Rogers, 10 Pick.. 112 : Coulter vs. Coalter, 1 Rob. [Va.], 79 ; Sto. Part., 386, note 4 to § 233; Didier vs. Davidson. 2 Barb.

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Appeal from Chariton Court of Common Pleas. As to accounts between partners, the statute generally begins to ran upon the dissolution, of the partnership. (Patterson vs. Brown, 6 Mon., [Ky.] 10 ; Bisplian vs. Price. 15 How. [U. S.]. 162. 17S ; Cochran vs. Rogers, 10 Pick.. 112 : Coulter vs. Coalter, 1 Rob. [Va.], 79 ; Sto. Part., 386, note 4 to § 233; Didier vs. Davidson. 2 Barb. Oh., 522.) The eases which hold otherwise are in the main those construing a statute of limitations which expressly excents from its operation accounts between merchants. These cases under our statute are…

1Opinion of the CourtNapton, Judge

This suit was brought on June 6th, 1872. The facts stated iii the petition in this casé are, that plaintiff and defendant on the 26th of May, I860, entered into copartnership in selling merchandise, for one year from the date of the articles, each putting in the concern an equal amount of capital, and agreeing to share the profits and bear the losses equally ; that the business was carried on until the 26th of May; 1866, when the said partnership was dissolved by the terms of the articles, and by mutual consent. The petition further states that there were uncollected notes and accounts in…

2Cases cited4 opinions

  1. Toland v. SpragueSupreme Court of the United States · 1838
  2. SPRING AND OTHERS v. the Executors of GraySupreme Court of the United States · 1832
  3. McNair v. LottSupreme Court of Missouri · 1857
  4. Bispham v. PriceSupreme Court of the United States · 1854

3Cited by16 opinions

  1. Simmons v. FridaySupreme Court of Missouri · 1949
  2. Bender v. MarkleMissouri Court of Appeals · 1889
  3. St. Louis Gas-Light Co. v. City of St. LouisMissouri Court of Appeals · 1881
  4. Hargadine v. GibbonsSupreme Court of Missouri · 1893
  5. Thomas v. HurstU.S. Circuit Court for the District of Mississippi · 1896

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