Crocker v. Barteau
Supreme Court of Missouri
Appeal from Jasper Circuit Court, — Row. Hugh Dabbs, Judge. (1) The court erred in referring the case to the referee. Both the right and remedy arose by reason of the relation of the parties to each other at the time the contract was made, and that is held by our courts to be that of a partnership, and the suit should have been brought in a court of equity instead of one at law.
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Appeal from Jasper Circuit Court, — Row. Hugh Dabbs, Judge. (1) The court erred in referring the case to the referee. Both the right and remedy arose by reason of the relation of the parties to each other at the time the contract was made, and that is held by our courts to be that of a partnership, and the suit should have been brought in a court of equity instead of one at law. Snyder v. Burnham, 77 Mo. 52; Plumber v. Frost, 81 Mo. 425; Brownlee v. Allen, 21 Mo. 125; Priest v. Choteau, 12 Mo. App. 252; Rankin v. Farley, 29 Mo. App. 587; Freeman v. Hemingway, 75 Mo. App. 611. (2) The words…
1Opinion of the CourtGantt, J.
— This is an action by attachment brought by the plaintiff against the defendants in the circuit court of Jasper county for $4,166.66, together with interest thereon from November 2nd, 1901. The ground of the attachment was that the defendants were non-residents of the State of Missouri, and were about fraudulently to convey and assign their property and *365effects so1 as to hinder and delay their creditors and have fraudulently conveyed and assigned their property and effects so as to hinder and delay their creditors. The answer of the defendants was to the merits and they admitted the…
2Cases cited2 opinions
- St. John v. Erie Railway Co.Supreme Court of the United States · 1875
- Willis v. BarronSupreme Court of Missouri · 1898
3Cited by9 opinions
- Gabel-Lockhart Co. v. GabelSupreme Court of Missouri · 1950
- Dealers' Granite Corp. v. FaubionCourt of Appeals of Texas · 1929
- Ebeling v. Swaine Manufacturing Co.Supreme Court of Missouri · 1948
- Bigham v. TinsleyMissouri Court of Appeals · 1910
- Lowenstein v. Becktold Co.Supreme Court of Missouri · 1952
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