Legal Opinion

Smith v. Smith

Supreme Court of Missouri

Decided March 15, 1863PublishedCited by 7 opinions

Appeal from St. Louis Law Commissioner’s Cowrt. This was an action instituted before a justice of the peace, on the following account: “ 1855. — Andrew Smith to Bernard Smith, Dr. To amount of cash due Bernard Smith by defendant as plaintiff’s portion of cash, by defendant received for work done on North Missouri Railroad, section 24, in St. Charles county, ninety dollars; interest on same since 1st January, 1856, 3 years and 9 months.”

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Appeal from St. Louis Law Commissioner’s Cowrt. This was an action instituted before a justice of the peace, on the following account: “ 1855. — Andrew Smith to Bernard Smith, Dr. To amount of cash due Bernard Smith by defendant as plaintiff’s portion of cash, by defendant received for work done on North Missouri Railroad, section 24, in St. Charles county, ninety dollars; interest on same since 1st January, 1856, 3 years and 9 months.” There was a trial before the justice, which resulted in favor of defendant, from which an appeal was taken to the Law Commissioner’s Court, where, on trial…

1Opinion of the CourtBates, Judge

The first instruction asked by the defendant should have been given. The proper action was for a settlement of the partnership accounts.

Until the accounts are settled, the plaintiff cannot recover a portion of the money received by the defendant on the partnership account. (Springer v. Cabell, 10 Mo. 640.)

Judgment reversed.

Judges Bay and Dryden concur.

2Cases cited1 opinion

  1. Springer v. CabellSupreme Court of Missouri · 1847

3Cited by7 opinions

  1. Isbell v. Kenyon-Warner Dredging Co.Texas Supreme Court · 1924
  2. Newberger v. FriedeMissouri Court of Appeals · 1886
  3. Willis v. BarronSupreme Court of Missouri · 1898
  4. Clarke v. MillsSupreme Court of Kansas · 1887
  5. Gilliam v. LoebMissouri Court of Appeals · 1908

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