Clark v. Rives
Supreme Court of Missouri
Error to St. Louis Court of Common Pleas. This is an action on the following agreements : First agreement. — “We hereby agree and bind ourselves not to levy on or sell, or cause to be levied on or sold, any of James M. Clark’s property, under a certain confession of judgment by him given us this 28th day of May, 1858, till the expiration of four months from date above, said confession of judgment having been given us to better secure the payment of his account, viz., three…
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Error to St. Louis Court of Common Pleas. This is an action on the following agreements : First agreement. — “We hereby agree and bind ourselves not to levy on or sell, or cause to be levied on or sold, any of James M. Clark’s property, under a certain confession of judgment by him given us this 28th day of May, 1858, till the expiration of four months from date above, said confession of judgment having been given us to better secure the payment of his account, viz., three hundred and two dollars, more or less, four months from date; also, that we will not dispose of said judgment. St. Louis,…
1Opinion of the CourtDryden, Judge
The document executed by Heintzleman and recited in the agreed case is not preserved in the record, and we are therefore deprived of the means afforded by a view of its terms and provisions of determining its meaning and operation, but *582it is fair to presume in favor of the judgment, that it was sufficient to accomplish all that was claimed for it, and which could be legally effected by the act of one partner.
It is well settled that in virtue of the community of rights and interest in the partnership property, each party possesses full power and authority to sell, pledge, or otherwise dispose…
2Cited by4 opinions
- Keck v. FisherSupreme Court of Missouri · 1875
- Holt v. SimmonsMissouri Court of Appeals · 1884
- Rock Island Implement Co. v. Sloan & CorbinMissouri Court of Appeals · 1900
- Creath v. KolbMissouri Court of Appeals · 1897