Tutt v. Addams
Supreme Court of Missouri
Appeal from Weston Court of Common Pleas. This was a suit against Addams as acceptor o£ a bill of exchange drawn in favor of plaintiffs by the firm of D. & T. S. McDonnell, upon the partnership firm of McDonnell & Addams, of which latter firm defendant was a member.
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Appeal from Weston Court of Common Pleas. This was a suit against Addams as acceptor o£ a bill of exchange drawn in favor of plaintiffs by the firm of D. & T. S. McDonnell, upon the partnership firm of McDonnell & Addams, of which latter firm defendant was a member. The following facts were agreed upon as the facts of the case: “ That the draft on which the suit is brought was drawn in favor of the plaintiffs for a debt which was due from D. & T. D. S. McDonnell alone to plaintiffs, and in which debt Addams had no concern ; that after it was so drawn, it was accepted in the name of the firm…
1Opinion of the CourtLeonard, Judge
This cause has not been tried under proper instructions from the court, and the judgment will therefore be reversed and the case remanded, although it may well be that the trial we now *188order may result in disclosing that the plaintiffs have no title whatever to recover. The law applicable to the transaction would seem to be plain enough if the facts of the case were fully developed; but we can not declare, as a matter of law, upon this imperfectly stated case, in the language of the court that tried the cause, that the plaintiffs can not recover.
In ordinary commercial partnerships, like the…
2Cases cited2 opinions
- Wilson v. WilliamsNew York Supreme Court · 1835
- Joyce v. WilliamsNew York Supreme Court · 1835