Guinzburg v. Claude
Missouri Court of Appeals
Appeal from the St. Louis Circuit Court, Daniel Dillon, Judge. In order to bind persons as partners it is unnecessary to show the partnership. It is sufficient to prove that they held themselves out as partners. Story on Partnership (6 Ed.) secs. 64-5; Rippey v. Evans, 22 Mo. 157; Gates v. Watson, 54 Mo. 585 ; Rimel v. Mayes, 83 Mo. 200. And the same principle applies with respect to their liability as assignees of a lease.
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Appeal from the St. Louis Circuit Court, Daniel Dillon, Judge. In order to bind persons as partners it is unnecessary to show the partnership. It is sufficient to prove that they held themselves out as partners. Story on Partnership (6 Ed.) secs. 64-5; Rippey v. Evans, 22 Mo. 157; Gates v. Watson, 54 Mo. 585 ; Rimel v. Mayes, 83 Mo. 200. And the same principle applies with respect to their liability as assignees of a lease. Carter v. Hammett, 12 Barb. 262. If the acts and declarations of these parties constitute, with reference to the appellant, a co-partnership, then each partner within the…
1Opinion of the CourtRombauer, J.
The plaintiff, on September 9, 1885, executed a written lease of certain premises to one A. L. Painter, for a term of six months and twenty-two days, expiring March 31, 1886. The rent reserved was at the rate of one thous- and dollars per annum, payable in monthly installments of $83.35, in advance, for each month. The lease contained a covenant on the part of the lessee not to assign or underlet without the written consent of the lessor. This action is for rent upon the lease for the last three months of the term.
Several weeks after the execution of the lease Painter informed the plaintiff…
2Cases cited4 opinions
- Carter & Carter v. Hammett & BalchNew York Supreme Court · 1851
- Farmers' Bank of Missouri v. BaylessSupreme Court of Missouri · 1865
- Board of President & Directors of St. Louis Public Schools v. Boatmen's Insurance & Trust Co.Missouri Court of Appeals · 1878
- State ex rel. Circuit Attorney v. FinnMissouri Court of Appeals · 1880