Holt v. Simmons
Missouri Court of Appeals
Appeal from the St. Louis Circuit Court, Lindley, J. . It is a legal consequence in every commercial partnership — every partnership engaged in buying, selling or exchanging, that each partner is the general agent of the firm ; and has power to act for it and bind it in all matters within the scope of the partnership business, and it is within the scope of such business to borrow money, to draw money, accept, or indorse bills of exchange or promissory notes.
Read the full summary
Appeal from the St. Louis Circuit Court, Lindley, J. . It is a legal consequence in every commercial partnership — every partnership engaged in buying, selling or exchanging, that each partner is the general agent of the firm ; and has power to act for it and bind it in all matters within the scope of the partnership business, and it is within the scope of such business to borrow money, to draw money, accept, or indorse bills of exchange or promissory notes. These are the means of conducting such business, and they are common alike to all partnerships engaged in the sale of merchandise.—…
1Opinion of the CourtThompson, J.
This is a suit brought by one partner against his copartners and the firm creditors for the purpose of winding up the concern. There was an injunction, which was afterwards dissolved except as to defendant Simmons, who was the plaintiff’s copartner. By consent of parties a referee was appointed “ to take proof, audit and allow or reject all claims of the defendants and all others,” against the firm, and to “ adjust the partnership accounts as between plaintiff and defendant Simmons, partners in said late firm.” *101The referee heard the parties and filed an elaborate report, stating certain…
2Cases cited4 opinions
- Winship v. the Bank of the United StatesSupreme Court of the United States · 1831
- Keck v. FisherSupreme Court of Missouri · 1875
- Clark v. RivesSupreme Court of Missouri · 1863
- Third National Bank v. SnyderMissouri Court of Appeals · 1881
3Cited by6 opinions
- Union Bank of Chicago v. Kansas City BankSupreme Court of the United States · 1890
- St. Louis Safe Deposit & Savings Bank v. Kennett EstateMissouri Court of Appeals · 1903
- Knaus v. GivensSupreme Court of Missouri · 1892
- Seufert v. GilleSupreme Court of Missouri · 1910
- Marsh v. WheelerSupreme Court of Connecticut · 1904
1 more not listed; retrieve them via the Exa API.