Saint Louis Brewing Ass'n v. Elmer
Missouri Court of Appeals
Appeal from Dent County Circuit Court. — Hon. L. B. Woodside, Judge. (1) So long as a person remains a member in a firm, be bolds out bis copartner as agent duly authorized to bind him and the firm by any contract incident to carrying on, in the usual way, business of the kind carried on by the firm. 30 Cyc. 527 (16). (2) October 17,1912, is the date the partnership was dissolved, if at all.
Read the full summary
Appeal from Dent County Circuit Court. — Hon. L. B. Woodside, Judge. (1) So long as a person remains a member in a firm, be bolds out bis copartner as agent duly authorized to bind him and the firm by any contract incident to carrying on, in the usual way, business of the kind carried on by the firm. 30 Cyc. 527 (16). (2) October 17,1912, is the date the partnership was dissolved, if at all. And any goods which Hogle purchased on or before the seventeenth day of October, 1912, for the firm, and which were not paid for would be an obligation of the firm and either partner would be liable for…
1Opinion of the CourtRobertson, P. J.
Plaintiff sued the defendant for $251.88, a balance alleged to be due from defendant as a member of a partnership designated as Hogle & Elmer on account of merchandise which the plaintiff claims to have delivered to the partnership between about October 2 and 17, 1912. A jury trial resulted in a verdict for the defendant and the plaintiff has appealed.
Considering the facts most favorable to the defendant, as disclosed by substantial testimony, we find that about October 1, 1911, the defendant and Hogle went to the place of business of the plaintiff in St. Louis, called at the Hyde Park…
2Cases cited5 opinions
- Taylor v. SartoriousMissouri Court of Appeals · 1908
- Gates v. WatsonSupreme Court of Missouri · 1874
- Clayton v. StateCourt of Criminal Appeals of Texas · 1915
- Midland National Bank v. SchoenSupreme Court of Missouri · 1894
- Redenbaugh v. KeltonSupreme Court of Missouri · 1895