Gille Hardware & Iron Co. v. Harrison
Missouri Court of Appeals
Appeal from Jackson Circuit Court. — Hon. James Gibson, Judge. (1) The rule is, as we understand it, that: “In order to constitute a communion of profits between the parties which will make them partners, the interest in the profits must be mutual; each person must have an interest in the profits as a principal trader, so as to give him a lien on the property for the protection of his interest or profits, and a control over the same.” Eelley v. Gaines, 24 Mo.
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Appeal from Jackson Circuit Court. — Hon. James Gibson, Judge. (1) The rule is, as we understand it, that: “In order to constitute a communion of profits between the parties which will make them partners, the interest in the profits must be mutual; each person must have an interest in the profits as a principal trader, so as to give him a lien on the property for the protection of his interest or profits, and a control over the same.” Eelley v. Gaines, 24 Mo. App. 506; Clifton v. Howard, 89 Mo. 192; Campbell v. Dent, 54 Mo. 325; Gill v. Eerris, 82 Mo. 156, 167. (2) Plaintiff’s evidence shows…
1Opinion of the CourtSmith, J.
This is an action against the defendants on three promissory notes executed by defendant Harrison, and an account for goods sold and delivered to him. The petition alleged that the defendants were partners engaged in merchandising. The defendant MeCleverty denied the execution of the notes and the existence of the partnership. There was a trial and verdict for defendant MeCleverty which the court set aside, and thereupon he appealed. The plaintiff had judgment by default as to defendant Harrison. The action of the court in peremptorily instructing the jury that, under the pleadings and…
2Cases cited5 opinions
- McDonald v. MatneySupreme Court of Missouri · 1884
- A. N. Kellogg Newspaper Co. v. FarrellSupreme Court of Missouri · 1886
- Priest v. ChouteauSupreme Court of Missouri · 1884
- Hazell v. ClarkMissouri Court of Appeals · 1901
- Bank of Osceola v. OuthwaiteMissouri Court of Appeals · 1892
3Cited by3 opinions
- Spier v. LangCalifornia Supreme Court · 1935
- A. Graf Distilling Co. v. WilsonMissouri Court of Appeals · 1913
- Auditorium Co. v. BarsottiCalifornia Court of Appeal · 1919