Legal Opinion

Vincent v. Vieths

Missouri Court of Appeals

Decided December 4, 1894PublishedCited by 1 opinion

Appeal from the St. Louis City Circuit Court. — Hon. Jacob Klein, Judge. The transfer of the interest in the partnership made by the plaintiff to the defendant was within the statute of fraud's. The language of the statute — “goods, wares and merchandise” — includes shares of stock in a corporation or joint stock company-. (Fine v. Hornsby, 2 Mo. App. 61; Bernhardt v. Wallis, 29 Mo.

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Appeal from the St. Louis City Circuit Court. — Hon. Jacob Klein, Judge. The transfer of the interest in the partnership made by the plaintiff to the defendant was within the statute of fraud's. The language of the statute — “goods, wares and merchandise” — includes shares of stock in a corporation or joint stock company-. (Fine v. Hornsby, 2 Mo. App. 61; Bernhardt v. Wallis, 29 Mo. App. 206; North v. Forest, 15 Conn. 400; Calvin v. Williams, 3 Har. & J. 38; Tisdale v. Harris, 20 Pick. 9; bank notes (Riggs v. Magruder, 2 Cranch, C. 0.143; Gooch v. Holmes, 41 Maine, 523); promissory notes…

1Opinion of the CourtBiggs, J.

Is a contract for the sale of the interest of a partner in the partnership business within the statute of frauds! That is the only question presented by this record for our decision.

*11In May, 1892, the plaintiff and George Steffen were awarded the contract for wrecking the old Planter’s House. They agreed with the owners of the property to give $1,500 for the material in the building, and to remove it from the premises; and they immediately commenced the work. Afterwards the contract for the excavation and /stone work for the new Planter’s House was awarded to the defendant. The plaintiff…

2Cases cited8 opinions

  1. Menagh v. . WhitwellNew York Court of Appeals · 1873
  2. Marquand v. President of New-York Manufacturing Co.Court for the Trial of Impeachments and Correction of Errors · 1820
  3. Miller v. BrighamCalifornia Supreme Court · 1875
  4. Wiles v. MaddoxSupreme Court of Missouri · 1857
  5. Kirby v. JohnsonSupreme Court of Missouri · 1856

3 more not listed; retrieve them via the Exa API.

3Cited by1 opinion

  1. Day v. StaffordMissouri Court of Appeals · 1908

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