Goddard-Peck Grocery Co. v. McCune
Missouri Court of Appeals
Appeal from the Pike Circuit Court. — Hon. E. M. Hughes,. Judge. (1) It is insisted that there is no evidence of fraud ' in this transaction. There is no proof that the firm was insolvent at the time of the execution of the notes to McCune and Wigginton. The note to McCune was in part for the stock of goods with which Edwards was doing business at the time that E. B. Wigginton became a partner.
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Appeal from the Pike Circuit Court. — Hon. E. M. Hughes,. Judge. (1) It is insisted that there is no evidence of fraud ' in this transaction. There is no proof that the firm was insolvent at the time of the execution of the notes to McCune and Wigginton. The note to McCune was in part for the stock of goods with which Edwards was doing business at the time that E. B. Wigginton became a partner. The other note was for money borrowed by E. B. Wigginton with which he purchased half of the stock and the additional $300 put in for the purchase of new goods. (2) A partnership has the unquestioned…
1Opinion of the CourtThompson, J.
John McCune presented, for allowance against the- assigned estate of the partnership firm of Edwards & Wigginton, a promissory note made by said firm on the first day of July, 1889, for $2,000, payable one day after date to his order, and bearing interest from date at the rate of eight per cent, per annum. Calvin Wigginton also presented a note of the same date and tenor, for the sum of $1,926. The assignee allowed both of these notes, and certain other creditors of the firm appealed to the circuit court. The circuit court disallowed the notes, and from its judgment disallowing the note in…
2Cases cited5 opinions
- Menagh v. . WhitwellNew York Court of Appeals · 1873
- Sexton v. AndersonSupreme Court of Missouri · 1888
- Phelps v. McNeelySupreme Court of Missouri · 1877
- Hundley v. FarrisSupreme Court of Missouri · 1890
- Dunnica v. ClinkscalesSupreme Court of Missouri · 1881
3Cited by4 opinions
- Sargent v. BlakeCourt of Appeals for the Eighth Circuit · 1908
- Goddard-Peck Grocery Co. v. McCuneSupreme Court of Missouri · 1894
- Simmons Hardware Co. v. Assigned Estate of Greely-Burnham Grocer Co.Missouri Court of Appeals · 1895
- Blake v. SargentDistrict Court, D. Missouri · 1907