Hahlo v. Mayer
Supreme Court of Missouri
Appeal from St Louis City Circuit Court. — Hon. Gr. W. Ltjbke, Judge. (1) The record does not contain any evidence of an actual copartnership between the defendants, and the instructions of the court do not properly submit that question. 1 Lindley on Partnerships, p. 1; Campbell r>. Lent, 54 Mo. 325. Not even participation in profits and losses would constitute partnership without more.
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Appeal from St Louis City Circuit Court. — Hon. Gr. W. Ltjbke, Judge. (1) The record does not contain any evidence of an actual copartnership between the defendants, and the instructions of the court do not properly submit that question. 1 Lindley on Partnerships, p. 1; Campbell r>. Lent, 54 Mo. 325. Not even participation in profits and losses would constitute partnership without more. Clifton ¶. Howard, 89 Mo. 192; Donnell v. Harsche, 67 Mo. 170. (2) There was no such “ holding out ” of Fred. Mayer as a partner of A. B. Mayer as would entitle plaintiff as bona fide holder of these…
1Opinion of the CourtBrace, J.
— This is an action against Abraham B. Mayer and Frederick Mayer as partners under the firm name of A. B. Mayer & Son, on two negotiable promissory notes, one for $1,500, dated September 4, 1884, the other for $1,000, dated September 6, 1884, each payable to J. R. W allach & Bro. six months after date, and signed, A. B. Mayer & Son. Abraham B. Mayer answered under oath denying the execution of the notes, and the alleged partnership. Frederick answered admitting that he executed the notes, avers that they were executed by him without consideration, for the accommodation of the said J. R.…
2Cases cited7 opinions
- Thompson v. First Nat. Bank of ToledoSupreme Court of the United States · 1884
- Dowzelot v. RawlingsSupreme Court of Missouri · 1874
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- Rizer v. JamesSupreme Court of Kansas · 1881
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