Bank of Osceola v. Outhwaite
Missouri Court of Appeals
Appeal from the St. Clair Circuit Court. — Hon. D. P. Stratton, Judge. (1) The only question of fact in this case is whether there was a partnership'existing between the defendants at the time the money was borrowed for which the note sued on was given.
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Appeal from the St. Clair Circuit Court. — Hon. D. P. Stratton, Judge. (1) The only question of fact in this case is whether there was a partnership'existing between the defendants at the time the money was borrowed for which the note sued on was given. (2) At the end of five years from its date the profits of the venture should be divided between them, and that of itself constituted a partnership under the law, and the defendant, Joseph H. Outhwaite, cannot avoid the responsibility of that relation by calling it some other name. Collyer on Partnership [Perkins’ Ed.] sec. 3; 1 Lindley on…
1Opinion of the CourtSmith, P. J.
— This was a suit instituted on a promissory note by the plaintiff bank against the defendants under the firm-name of Outhwaite Bros. The defendant, Joseph, H. Outhwaite, by his answer denied the alleged partnership and, therefore, his liability on the note as one of the makers thereof. There was a trial and judgment for defendant, Joseph H. Outhwaite. The bank is appellant.
*127The evidence conduces to show that Joseph H. Outhwaite of Columbus, Ohio, desiring to start his younger brothers, Charles E. and William T. Outhwaite, in the business of farming and stock-raising and also to make provision…
2Cases cited10 opinions
- Donnell v. HarsheSupreme Court of Missouri · 1877
- Dwinel v. StoneSupreme Judicial Court of Maine · 1849
- McDonald v. MatneySupreme Court of Missouri · 1884
- Musser v. BrinkSupreme Court of Missouri · 1878
- Diel v. Missouri Pacific Railway Co.Missouri Court of Appeals · 1889
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