Ely v. Coontz
Supreme Court of Missouri
Appeal from Audrain Circuit Court. — Hon. E. M. Hughes, Judge. (1) Plaintiff was entitled to a trial by jury for tbe reason that the pleadings tendered an issue of fact, pure and simple. (2) There could be no settlement of the affairs of the partnership without taking into account the rights and liabilities of all the partners. (3) The evidence shows that there has not been a settlement of all the affairs of the partnership.
Read the full summary
Appeal from Audrain Circuit Court. — Hon. E. M. Hughes, Judge. (1) Plaintiff was entitled to a trial by jury for tbe reason that the pleadings tendered an issue of fact, pure and simple. (2) There could be no settlement of the affairs of the partnership without taking into account the rights and liabilities of all the partners. (3) The evidence shows that there has not been a settlement of all the affairs of the partnership. (4) Assertions by parties to a settlement that “they got together and settled up all the affairs of the partnership” is a conclusion and. has no probative force. (1) The…
1Opinion of the CourtGantt, J.
At the September term 1897, plaintiff brought his suit in equity for a settlement and an accounting of the partnership affairs of the Vandalia Eire Brick Company, a firm composed of the plaintiff, S. D. Ely, and the defendants, C. G. Daniel, H. T. Davis, J. E. Coontz and G. H. Btterback, and engaged in the business of manufacturing fire and other brick, drain tile, and mining coal, at Vandalia in Audrain county.
This partnership, it was alleged, was formed October 24, 1890. The petition avers that said firm entered into a contract Avith one Stuewe to carry on said business and that arrangement…
2Cases cited4 opinions
- Creve Coeur Lake Ice Co. v. TammSupreme Court of Missouri · 1897
- Snell v. HarrisonSupreme Court of Missouri · 1884
- Edwardson v. GarnhartSupreme Court of Missouri · 1874
- Gay v. IhmSupreme Court of Missouri · 1879
3Cited by7 opinions
- Demay v. Liberty Foundry Co.Supreme Court of Missouri · 1931
- Stevens v. LarwillMissouri Court of Appeals · 1904
- Shaffer v. DetieSupreme Court of Missouri · 1905
- Fein v. SchwartzMissouri Court of Appeals · 1966
- Wonner v. City of CartervilleMissouri Court of Appeals · 1910
2 more not listed; retrieve them via the Exa API.