A. Graf Distilling Co. v. Wilson
Missouri Court of Appeals
Appeal from Cape Girardeau Court of Common Pleas. —Hon. Robert G. Ranney, Judge. (1) Partnership is the sole issue and strict proof thereof is not required of a creditor prevented by the alleged partner from showing the written agreement, all presumptions then being in support of the allegation of partnership. Block v. Price, 24 Mo. App. 14: Pomeroy v. Benton, 77 Mo. 64; Wigmore on Ev.
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Appeal from Cape Girardeau Court of Common Pleas. —Hon. Robert G. Ranney, Judge. (1) Partnership is the sole issue and strict proof thereof is not required of a creditor prevented by the alleged partner from showing the written agreement, all presumptions then being in support of the allegation of partnership. Block v. Price, 24 Mo. App. 14: Pomeroy v. Benton, 77 Mo. 64; Wigmore on Ev. Pár., 278; 30 Cyc. 412; 16 Cyc. 1058. (2) If from the uncontradicted proof as to the contents of the writing a partnership arises by law, there should he a reversal and a directing of judgment for the admitted…
1Opinion of the CourtAllen, J.
This is an action by plaintiff corporation, appellant here, against one Joe T. Wilson, respondent in this court, seeking to hold the latter liable as a partner for an alleged partnership debt.
It appears from the evidence that on or about June 12, 1907, one Joe Goldbaum launched a retail liquor business in the city of Cape Girardeau under the name of the “Cape Liquor Company.” That shortly prior thereto Goldbaum, desiring to enter into this business, and having no capital, induced the defendant Wilson and one John T. Sackmann to indorse notes for him to the amount of $1200- upon which money…
2Cases cited20 opinions
- Ellis v. HarrisonSupreme Court of Missouri · 1891
- Berkson v. Kansas City Cable Railway Co.Supreme Court of Missouri · 1898
- Torbert v. JeffreySupreme Court of Missouri · 1901
- Campbell v. DentSupreme Court of Missouri · 1873
- Hughes v. EwingSupreme Court of Missouri · 1901
15 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- State v. MurphySupreme Court of Missouri · 1936
- King v. Copp Trucking, Inc.Missouri Court of Appeals · 1993
- Ellis v. BrandMissouri Court of Appeals · 1913
- National Bank of Commerce v. FrancisSupreme Court of Missouri · 1922
- Skinner v. WhitlowMissouri Court of Appeals · 1913
9 more not listed; retrieve them via the Exa API.