Wright v. Jacobs
Supreme Court of Missouri
Appeal from Boone Circuit Court. I. One partner cannot maintain an action at law again stiffs co-partner for money paid on account of the indebtedness of the firm. (Bond vs. Bemis, 55 Mo., 524; Scott, Adm’r, vs. Caruth, 50 Mo., 120; Finney vs. Turner, 10 Mo., 208; Murry vs. Bogert, 14 Johns., 318; McKnight vs. Mc-Gu tell en, 27 Mo., 436.) A joint debt cannot be set off against an individual debt.
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Appeal from Boone Circuit Court. I. One partner cannot maintain an action at law again stiffs co-partner for money paid on account of the indebtedness of the firm. (Bond vs. Bemis, 55 Mo., 524; Scott, Adm’r, vs. Caruth, 50 Mo., 120; Finney vs. Turner, 10 Mo., 208; Murry vs. Bogert, 14 Johns., 318; McKnight vs. Mc-Gu tell en, 27 Mo., 436.) A joint debt cannot be set off against an individual debt. (Finney vs. Turner, 10 Mo., 208; Lamb vs. Brolaski, 38 Mo., 51; Pool vs. Delaney, -11 Mo., 570.) II. Legal tender notes and gold are equal in value, in law, and courts can suffer no averment, nor…
1Opinion of the CourtWagner, Judge
This was an action instituted upon a negotiable promissory note made by the defendant in favor of the plaintiff, for the sum of one thousand dollars, due and payable twelve months after date.
Defendant’s answer to the petition contains three counts. In the first count he alleges that at the time the note was executed plaintiff and defendant were co-partners, and the owners of a wagon, harness, four mules and one pony; that on the day after the execution of the note plaintiff purchased defendant’s interest in the wagon, harness, mules and pony, for the price and sum of four hundred dollars in…
2Cited by13 opinions
- Barnes v. McMullinsSupreme Court of Missouri · 1883
- Weller v. Missouri Lumber & Mining Co.Missouri Court of Appeals · 1913
- Crockett v. BurlesonWest Virginia Supreme Court · 1906
- Berthold v. O'HaraSupreme Court of Missouri · 1894
- Creve Coeur Lake Ice Co. v. TammMissouri Court of Appeals · 1901
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