Day v. Stafford
Missouri Court of Appeals
Appeal from. Platte Circuit Court. — Hon. Alonzo D. B urnes, Judge. (1) There is not a word or line of evidence of a settlement of the partnership affairs, in fact the testimony of all the witnesses, including the three partners and respondent, is agreed that there was not a settlement. This being true, an action at law could not be maintained and defendant’s demurrer at the close of the testimony should have been sustained.
Read the full summary
Appeal from. Platte Circuit Court. — Hon. Alonzo D. B urnes, Judge. (1) There is not a word or line of evidence of a settlement of the partnership affairs, in fact the testimony of all the witnesses, including the three partners and respondent, is agreed that there was not a settlement. This being true, an action at law could not be maintained and defendant’s demurrer at the close of the testimony should have been sustained. (2) Partners cannot sue at law until there has been a settlement or account, stated. Scott v. Caruth, 50 Mo. 120; Railway v. Kimmel, 58 Mo. 83; Bambrick v. Sims, 132 Mo.…
1Opinion of the CourtJohnson, J.
This is a suit at law brought by the assignee of the interest of a partner in a partnership against the copartner who held the property of the firm to recover the amount of the interest of the assignor, ascertained to be due by a settlement of the partnership affairs. Verdict and judgment were for plaintiff in the sum of $61.63, and defendant appealed.
The chief questions of law presented arise from the contention of defendant that his request for an instruction in the nature of a demurrer to the evidence should have been granted. It is argued that the evidence most favorable to plaintiff is…
2Cases cited10 opinions
- Whetstone v. ShawSupreme Court of Missouri · 1879
- Cape Girardeau & State Line Railroad v. KimmelSupreme Court of Missouri · 1874
- Buckner v. RiesSupreme Court of Missouri · 1864
- Scott v. CaruthSupreme Court of Missouri · 1872
- Bambrick v. SimmsSupreme Court of Missouri · 1895
5 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Tuller v. LeavertonSupreme Court of Iowa · 1909