Beasley v. Berry
Montana Supreme Court
Appeal from, District Court, Sweet Grass County; Frank Henry, Judge. Action by W. W. Beasley against Ralph Berry and C. R. McDaniels. Plaintiff had judgment. Defendant Berry moved for a new trial, and from an order granting such motion plaintiff appeals.
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Appeal from, District Court, Sweet Grass County; Frank Henry, Judge. Action by W. W. Beasley against Ralph Berry and C. R. McDaniels. Plaintiff had judgment. Defendant Berry moved for a new trial, and from an order granting such motion plaintiff appeals. The Code definition of a partnership is the same as is given by Parsons, by Story and by Kent (Parsons on Partnership, 6; Story on Partnership, sec. 2; 3 Kent’s Commentaries, 23), and while the parties associating themselves may not declare it a partnership, the court will declare the legal effect of the agreement. (Kelly v. Bourne, 15 Or.…
1Opinion of the CourtJustice Holloway
In 1901 W. W. Beasley and Nat C. Beasley were copartners engaged in the live stock and commission business in Sweet Grass county. There was a dissolution of the firm and W. W. Beasley succeeded to all of its interests. This action is brought by W. W. Beasley, successor of W. W. Beasley & Son, to recover certain commissions alleged to have been earned by the firm for services performed under contract with Ralph Berry and C. R. *480McDaniels, who, it is alleged, were at the time the contract was made partners engaged in handling sheep.
There appears to have been no service upon defendant McDaniels.…
2Cases cited11 opinions
- Coward v. ClantonCalifornia Supreme Court · 1898
- Dawson National Bank v. Ward & GurrSupreme Court of Georgia · 1904
- Padgett v. FordSupreme Court of Georgia · 1903
- Kootz v. . TuvianSupreme Court of North Carolina · 1896
- Gillies v. Clarke Fork Coal Mining Co.Montana Supreme Court · 1905
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3Cited by9 opinions
- Hill Cattle Corporation v. KillornMontana Supreme Court · 1927
- Weiss v. HamiltonMontana Supreme Court · 1909
- Bischoff v. BischoffMontana Supreme Court · 1924
- Sanborn Co. v. PowersMontana Supreme Court · 1920
- Flathead County State Bank v. InghamMontana Supreme Court · 1915
4 more not listed; retrieve them via the Exa API.