Blake v. Third National Bank of St. Louis
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court.- — Hon. Matt. G. Reynolds, Judge. (1) A transfer of partnership property by one partner to pay bis individual debt without the knowledge and consent of bis copartner, is void and does not have the effect to pass the title of the partnership therein, and the property, nr its value, can be recovered in an appropriate action. Flanagan v. Alexander, 50 Mo. 50; Ackley v. Stacblin, 56 Mo. 558: Forney v. Adams, 74 Mo. 138; Ewart y.
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Appeal from St. Louis City Circuit Court.- — Hon. Matt. G. Reynolds, Judge. (1) A transfer of partnership property by one partner to pay bis individual debt without the knowledge and consent of bis copartner, is void and does not have the effect to pass the title of the partnership therein, and the property, nr its value, can be recovered in an appropriate action. Flanagan v. Alexander, 50 Mo. 50; Ackley v. Stacblin, 56 Mo. 558: Forney v. Adams, 74 Mo. 138; Ewart y. Tootle, 50 Mo. App. 322; Rock Island Imp. Co. v. Sloan, 83 Mo. App. 438; Hagar v. Graves, 25 Mo. App. 164; Rogers v. Batchelor,…
1Opinion of the Court
GRAVES, J. —
For a long time prior to May 5, 1903, and on said date, there was in Clinton, Missouri, a copartnership composed of G. T. Salmon and H. W. Salmon, engaged in the banking business as private bankers, under the firm name of Salmon & Salmon. At all the dates of the transactions involved in this suit Thomas M. Casey was the man in charge and manager of the banking business of the said Salmon & Salmon. For a long time prior to May 5, 1903, and thereafter up to October 20, 1903, there existed a copartnership, composed of G. M. Casey and W. A. Towers, under the firm name of Casey &…
2Cases cited12 opinions
- Bank of Kentucky v. Adams Express Co.Supreme Court of the United States · 1876
- Case v. BeauregardSupreme Court of the United States · 1879
- N. Rogers & Sons v. BatchelorSupreme Court of the United States · 1838
- City of Maquoketa v. WilleySupreme Court of Iowa · 1872
- Schmidlapp & Bros. v. S. D. Currie & Co.Mississippi Supreme Court · 1878
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3Cited by5 opinions
- Missouri v. AngleCourt of Appeals for the Eighth Circuit · 1916
- Holland Banking Co. v. Republic National BankSupreme Court of Missouri · 1931
- Beaty v. N. W. Electric Power Cooperative, Inc.Missouri Court of Appeals · 1958
- McCullam v. Buckingham Hotel Co.Missouri Court of Appeals · 1917
- Biedermann v. Mermod, Jaccard & King Jewelry Co.Missouri Court of Appeals · 1922