Fourth National Bank v. Altheimer
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court.- — Hour. Gf. W. Lubice, Judge. (1) Notice of the protest and non-payment of the note in question was not given to this defendant. (2) The court erred in giving plaintiff ’ s third instruction. Participation in the profits of a co-partnership firm does not necessarily constitute a person a partner therein.
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Appeal from St. Louis City Circuit Court.- — Hour. Gf. W. Lubice, Judge. (1) Notice of the protest and non-payment of the note in question was not given to this defendant. (2) The court erred in giving plaintiff ’ s third instruction. Participation in the profits of a co-partnership firm does not necessarily constitute a person a partner therein. Wiggins v. Graham, 51 Mo. 18; Campbell v. Dent, 54 Mo. 325 ; Phillips v. Samuel, 76 Mo. 657; Gill v. Periss, 82 Mo. 156, 167. (3) The court erred in refusing defendant’ s instructions, one, two, three, four, and six. (1) The third instruction given…
1Opinion of the CourtNorton, C. J.
The petition in this case alleges that Gerson L. and Solomon B. Altheimer were co-partners, under the firm name of G. L. & S. B, Altheimer, and that S. B. Altheimer and defendant, Gustavus Altheimer, were partners under the name of Altheimer <& Company; that G. L. & S. B. Altheimer, on the thirteenth of August, 1879, made their promissory note to the order of Altheimer & Company, in which they promised to pay, eighty days after date, the sum of $2,750; that Altheimer & Company transferred, by endorsement, said note to plaintiff for value; that said note was not paid, at maturity, but was…
2Cases cited4 opinions
- Campbell v. DentSupreme Court of Missouri · 1873
- Gill v. FerrisSupreme Court of Missouri · 1884
- Fourth National Bank v. HeuschenSupreme Court of Missouri · 1873
- Bouldin v. PageSupreme Court of Missouri · 1857
3Cited by7 opinions
- Waggoner v. First National BankNebraska Supreme Court · 1894
- Fred Gray Cotton & Gin Co. v. SmithSupreme Court of Alabama · 1926
- Hargadine v. GibbonsMissouri Court of Appeals · 1891
- Waters v. CochranSupreme Court of Alabama · 1973
- Goddard-Peck Grocer Co. v. BerryMissouri Court of Appeals · 1894
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