Pomeroy v. Benton
Supreme Court of Missouri
Appeal from St. Louis Circuit Court. I. A partner who improperly uses the money of the firm (and money raised by using the name of the firm, is money of the firm as much as any other) shall pay interest on the misused money and account for any profits derived from its use. (G-lossington vs. Waters, 1 Sim. and St., 124; Stoughton vs. Lynch, 1 Johns. Ch., 467; Long vs.-Majestre, 1 Johns.
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Appeal from St. Louis Circuit Court. I. A partner who improperly uses the money of the firm (and money raised by using the name of the firm, is money of the firm as much as any other) shall pay interest on the misused money and account for any profits derived from its use. (G-lossington vs. Waters, 1 Sim. and St., 124; Stoughton vs. Lynch, 1 Johns. Ch., 467; Long vs.-Majestre, 1 Johns. Oh., 305; 3d Kent. 5th Ed., 51; Collyer on Part., §§ 184, 185, 186, 221, 249 ; Somerville vs. McKay, 16 Yesey, 282.) II. If defendant destroys testimony to prevent its use against him, the law furnishes a…
1Opinion of the CourtSheewood, Judge
This was a suit in the nature of a bill in equity. The plaintiff and defendant were for a number of years co-partners, under the name and style of Pomeroy & Benton, engaged in .the wholesale dry goods business, in the city of St. Louis, where the defendant resided and managed the business of the firm, while the plaintiff resided in the city of New York, attended to the affairs of the firm at that point, and seldom visited St. Louis.
The petition, in substance, charges that defendant, in vio iation of the articles of co-partnership and of his duty as part tier, and without the knowledge or…
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