Inglis v. Floyd
Missouri Court of Appeals
Appeal from, the Jasper Circuit Court. — Hon. Joseph Cravens, Special Judge. (1) The assignment, executed by respondent to appellant, October 26, 1883, which was held valid by the trial court, constituted a dissolution of the firm.
Read the full summary
Appeal from, the Jasper Circuit Court. — Hon. Joseph Cravens, Special Judge. (1) The assignment, executed by respondent to appellant, October 26, 1883, which was held valid by the trial court, constituted a dissolution of the firm. JSpaunhorst v. Link, 46 Mo. 199 ; Story on Part., sec. 310. (2) Provision for the settlement of the partnership affairs having been made by the parties themselves in the assignment executed to appellant, the respondent had no right of action for an account till appellant had an opportunity to act under the assignment. Hence, respondent’s suit, begun eight days…
1Opinion of the CourtSmith, P. J.
This was a suit in equity having for its object the cancellation of a chattel mortgage, the dissolution of a partnership, and for an accounting between partners. The petition, alleged that plaintiff and defendant entered into a contract of co-partnership by which it was agreed that they would engage in the jewelry business for the term of three years ; that said business was carried on for some ten months under the management of the plaintiff, at the expiration of which time he fell sick and by reason thereof relinquished the management of said partnership business; that while he was…
2Cases cited4 opinions
- Spaunhorst v. LinkSupreme Court of Missouri · 1870
- DuPont v. McLaranSupreme Court of Missouri · 1876
- Cottle v. LeitchCalifornia Supreme Court · 1868
- Maher v. BullIllinois Supreme Court · 1867
3Cited by2 opinions
- Herman v. PepperSupreme Court of Pennsylvania · 1932
- Power Grocery Co. v. HintonCourt of Appeals of Kentucky · 1920