Donnell v. Harshe
Supreme Court of Missouri
Error to St. Francois Circuit Court. — Hon. William Oar- • ter, Judge. This was a suit upon an account for materials used and labor done, in the repair of a house. The answer denied the allegations of the petition, and set up a counter claim.
Read the full summary
Error to St. Francois Circuit Court. — Hon. William Oar- • ter, Judge. This was a suit upon an account for materials used and labor done, in the repair of a house. The answer denied the allegations of the petition, and set up a counter claim. The replication denied all the allegations of the answer in reference to the counter claim, and further alleged that the counter claim and demand of defendant grew out of and was connected with the business of a co-partnership, which remained wholly unsettled and unadjusted, and that the copartnership had never been dissolved but was still in full force.…
1Opinion of the CourtNapton, J.
The principal and decisive question in this case is the propriety of the following instruction given by the court. “ The court instructs the jury that a co-partnership is an agreement between two or more persons of sufficient capacity to contract, to carry on a given business and share the profits of such business; and, if the jury believe from the evidence in this case that there was either a verbal or written agreement between the plaintiff and Erneline Harshe, by which the former was to occupy and cultivate the farm of said Erneline Harshe for any given length of time, and that each was to…
2Cases cited5 opinions
- Dwinel v. StoneSupreme Judicial Court of Maine · 1849
- Caswell v. DistrichNew York Supreme Court · 1836
- Johnson v. HoffmanSupreme Court of Missouri · 1873
- Ambler v. BradleySupreme Court of Vermont · 1834
- Harrower v. HeathNew York Supreme Court · 1855
3Cited by38 opinions
- Schneider v. SchneiderSupreme Court of Missouri · 1941
- McDonald v. MatneySupreme Court of Missouri · 1884
- Musser v. BrinkSupreme Court of Missouri · 1878
- Torbert v. JeffreySupreme Court of Missouri · 1901
- Willis v. CrawfordOregon Supreme Court · 1901
33 more not listed; retrieve them via the Exa API.