Hanson v. Jones
Missouri Court of Appeals
Appeal from the Greene County Circuit Court, W. F. Geiger, Judge. This being a partner!hip account, Kelly should have been made a party plaintiff.
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Appeal from the Greene County Circuit Court, W. F. Geiger, Judge. This being a partner!hip account, Kelly should have been made a party plaintiff. Story on Part. 22, 24,101; Rev. Stat., sect. 3466; The State v. Sanderson, 54 Mo. 203. The only method known to the law for reopening a settlement by showing fraud, errors, or mistakes,, is by a direct proceeding in equity for that purpose, and the petition for that purpose must charge and set forth the fraud, errors, or mistakes relied upon. Rev. Stat., sect. 2837; Kronenberger v. Binz, 56 Mo. 121; 1 Story Eq. (3 Ed.) 524,529. The court erred in…
1Opinion of the CourtThompson, J.
This was an action begun before a justice of the peace for a balance of $83.95, alleged to be due for goods sold the defendant. On the trial in the circuit court it appeared substantially that the plaintiff and the defendant had charges against each other; that the plaintiff ’ s agent in charge of his business and the defendant met and settled the account on the plaintiff’s books, “and balanced the books,” whereby a balance of fifty-four dollars was found ■to be due from the plaintiff to the defendant, which the plaintiff ’ s agent thereafter paid to the defendant at several different times ;…
2Cases cited6 opinions
- Hansberger v. Pacific RailroadSupreme Court of Missouri · 1869
- Hissrick v. McPhersonSupreme Court of Missouri · 1855
- Davis v. KrumMissouri Court of Appeals · 1882
- Clark v. SmithSupreme Court of Missouri · 1867
- Cozens v. BarrettSupreme Court of Missouri · 1856
1 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Newberger v. FriedeMissouri Court of Appeals · 1886
- Hensgen v. MullallyMissouri Court of Appeals · 1886
- Sturges v. BottsMissouri Court of Appeals · 1887
- Anchor Milling Co. v. WalshMissouri Court of Appeals · 1889
- Baird v. National Surety Co.North Dakota Supreme Court · 1926
4 more not listed; retrieve them via the Exa API.