Ellis v. Brand
Missouri Court of Appeals
Appeal from St. Louis .County Circuit Court.—Eon. G. A. Wurdeman, Judge. (1) The court erred in overruling appellant’s motion in the nature of a demurrer to' the .evidence at the close of plaintiff’s case, for the reason that the evidence did not disclose a partnership between the appellant and the person named Ellis in said assignment upon which respondent’s action was based, nor was said cause tried by respondent on the theory of a partnership between appellant and said…
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Appeal from St. Louis .County Circuit Court.—Eon. G. A. Wurdeman, Judge. (1) The court erred in overruling appellant’s motion in the nature of a demurrer to' the .evidence at the close of plaintiff’s case, for the reason that the evidence did not disclose a partnership between the appellant and the person named Ellis in said assignment upon which respondent’s action was based, nor was said cause tried by respondent on the theory of a partnership between appellant and said party, but on the theory of a partnership, relation alleged to exist between appellant and his codefendant Allen.…
1Opinion of the CourtAllen, J.
This action was begun before a justice of the peace, and was instituted upon the following assignment:
“Aug. 7/09.
“I, the undersigned, for twenty dollars of lawful money of the United States, received by me from Anna W. Ellis, do assign my wright to the wages due me, from Brand and Ellis (sic) to Anna W. Ellis, said *386wages amounting- to twenty dollars, for five . weeks works, as nurse at Ta-Ka-Rest Park, Prospect Hill, performed in July, 1909.
(Signed) “Mrs. B. Bailey.”
Upon the filing of the above assignment with the justice of the peace, a summons was issued against the defendants, Brand and…
2Cases cited4 opinions
- Hughes v. EwingSupreme Court of Missouri · 1901
- A. Graf Distilling Co. v. WilsonMissouri Court of Appeals · 1913
- Diamond Creek Consolidated Gold & Silver Mining Co. v. SwopeSupreme Court of Missouri · 1907
- Sexton v. SnyderMissouri Court of Appeals · 1906
3Cited by14 opinions
- Skinner v. WhitlowMissouri Court of Appeals · 1913
- Durr v. VickSupreme Court of Missouri · 1961
- Willoughby v. HildrethMissouri Court of Appeals · 1914
- A. W. Mendenhall Co. v. BooherMissouri Court of Appeals · 1932
- Hely v. HinermanSupreme Court of Missouri · 1924
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