Simmons v. Ingram
Missouri Court of Appeals
Appeal from the Oreene Circuit Court. — Hon. James T. Neville, Judge. If appellant was a partner with Gage and Ermentrout •then he is liable for their services. A partnership can be proven by acts and admission of the party sought to be held as a partner. The partnership was proven abundantly in this case by the conduct and statement of the appellant himself.
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Appeal from the Oreene Circuit Court. — Hon. James T. Neville, Judge. If appellant was a partner with Gage and Ermentrout •then he is liable for their services. A partnership can be proven by acts and admission of the party sought to be held as a partner. The partnership was proven abundantly in this case by the conduct and statement of the appellant himself. If the appellant was a partner in the “concern” it does_not matter whether any of their employees knew that fact or not, they can still hold him liable for their wages. But in this case these employees saw appellant on the works daily…
1Opinion of the CourtBland, P. J.
The petition is in thirteen counts, in all of which it is alleged that the defendant was a partner in a mining copartnership doing business under the firm name of the Charles H. Gage Mining & Smelting Company. The first count is for Avork and labor performed by plaintiff for the firm; each of the other twelve is for work and labor and for team work done and performed by the firm by twelve different persons, all of Avhom assigned their accounts to the plaintiff for collection only. Ingram’s answer was a general denial, and a denial under oath that he was a partner of the Charles H. Gage Mining…
2Cases cited12 opinions
- State v. TaylorSupreme Court of Missouri · 1893
- Whalen v. St. Louis, Kansa City & Northern RailwaySupreme Court of Missouri · 1875
- Young v. HudsonSupreme Court of Missouri · 1889
- Martin v. FewellSupreme Court of Missouri · 1883
- Richardson v. PittsSupreme Court of Missouri · 1879
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3Cited by6 opinions
- Cobb v. MartinSupreme Court of Oklahoma · 1912
- McNealy v. BartlettMissouri Court of Appeals · 1907
- Harmon v. National Supply Co. of KansasSupreme Court of Oklahoma · 1917
- Mendonca v. RussellSupreme Court of Oklahoma · 1915
- Hartz v. PageMissouri Court of Appeals · 1929
1 more not listed; retrieve them via the Exa API.