Hely v. Hinerman
Missouri Court of Appeals
Appeal from Circuit Court of Greene County. — Hon. Guy D. Kirby, Judge. (1) We understand that it is conceded in this case that the same rules of evidence with reference to the competency of statements made by an agent is applicable to statements made by partners, because, in law, each partner is the agent of the other.
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Appeal from Circuit Court of Greene County. — Hon. Guy D. Kirby, Judge. (1) We understand that it is conceded in this case that the same rules of evidence with reference to the competency of statements made by an agent is applicable to statements made by partners, because, in law, each partner is the agent of the other. We concede that there must be some independent testimony of agency or of partnership, as the case may be, before the statements or declarations of the agent or partner becomes competent evidence against the principal or other partner, as the case may be. But when there is…
1Opinion of the CourtFarrington, J.
— The plaintiff brought suit to recover the material which he alleged was sold to the Hinerman Construction Company, a concern engaged in the paving business, and at the time these goods were sold was operating in paving streets in Caruthersville, Missouri. It is admitted that Hinerman, Coffman and Cope were members of the firm of Hinerman Construction Company.
The principal issue in this case, touching both questions of fact and law, was whether H. M. Smith, the respondent here, was a member of the firm of Hinerman Construction Company. The cause was tried in the circuit court of Greene…
2Cases cited13 opinions
- Peck v. RitcheySupreme Court of Missouri · 1877
- Conlan v. MeadIllinois Supreme Court · 1898
- Ellis v. BrandMissouri Court of Appeals · 1913
- Rimel v. HayesSupreme Court of Missouri · 1884
- Hill Bros. v. Bank of SenecaMissouri Court of Appeals · 1903
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3Cited by1 opinion
- Arnold v. Alton Railroad Co.Supreme Court of Missouri · 1939