Johnson v. Ewald
Missouri Court of Appeals
Appeal from the St. Louis City Circuit Court. — Hon. Daniel D. Fisher, Judge. This being a proceeding for equitable relief, the plaintiff can not recover at all, because he does not come in the tribunal with clean hands. This is a proceeding asking equitable relief. The controversy is between partners, and, primarily one partner can not bring suit at law against his co-partner. The co-partnership relation is only to be considered in a court of equity.
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Appeal from the St. Louis City Circuit Court. — Hon. Daniel D. Fisher, Judge. This being a proceeding for equitable relief, the plaintiff can not recover at all, because he does not come in the tribunal with clean hands. This is a proceeding asking equitable relief. The controversy is between partners, and, primarily one partner can not bring suit at law against his co-partner. The co-partnership relation is only to be considered in a court of equity. There are a few instances where one partner may sue another at law, but this does not come within any of the exceptions. If the partnership…
1Opinion of the CourtBiggs, J.
The plaintiff and defendant entered into an agreement to buy and sell a lot of machinery on joint account. The property was purchased and sold. The parties disagreed as to the division of the profits, and the present action was brought for an accounting. The property was bought for $22,500 which amount the defendant advanced. The agreement between the parties was oral. The plaintiff’s understanding of the contract as stated in his petition, and which his evidence tended to prove, was to the effect that the defendant was first to be reimbursed for the purchase money; that he was also to…
2Cases cited5 opinions
- Manufacturers' Savings Bank v. Big Muddy Iron Co.Supreme Court of Missouri · 1888
- Bambrick v. SimmsSupreme Court of Missouri · 1895
- Prendergast v. EyermannMissouri Court of Appeals · 1885
- State v. BaileySupreme Court of Missouri · 1864
- State ex rel. Pitts v. Peter Cooper Building & Loan Ass'nMissouri Court of Appeals · 1899
3Cited by3 opinions
- Day v. StaffordMissouri Court of Appeals · 1908
- North v. HawkinsonSupreme Court of Missouri · 1959
- North v. HawkinsonSupreme Court of Missouri · 1959