Hunnewell v. Willow Springs Canning Co.
Missouri Court of Appeals
Appeal from the Howell Circuit Gowrt. — Hon. W. N.. Evans, Judge. (1) The liability of defendants in this case should be measured by the law governing joint-stock companies, or voluntary associations formed for trade and profit, which are treated as and have the common attributes of common partnerships. 1 Bates on Partnership, sec. 72; Smith v. Warder, 86 Mo. 382; Perring v. Hone, 4 Bing. 28; Clagettv.
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Appeal from the Howell Circuit Gowrt. — Hon. W. N.. Evans, Judge. (1) The liability of defendants in this case should be measured by the law governing joint-stock companies, or voluntary associations formed for trade and profit, which are treated as and have the common attributes of common partnerships. 1 Bates on Partnership, sec. 72; Smith v. Warder, 86 Mo. 382; Perring v. Hone, 4 Bing. 28; Clagettv. Kilbourne, 1 Black. 346; Montgomery v. Flliott, 6 Ala. 701; Smith v. Fagan, 17 Cal. 178; Pettis v. AtJcins, 60 111. 454; Pipe v. Bateman, 1 Iowa, 369; Frost v. Walker, 60 Me. 468; Alvordv.…
1Opinion of the CourtRombauer, P. J.
— The plaintiffs seek to recover a judgment against the' defendants upon the following state of facts: That, in the spring of 1889, they sold to the Willow Springs Canning Company a bill of lumber, which was used by the canning company in the construction of a building which was necessary to, and was afterwards used in connection with, its business; that a portion of the purchase money for the lumber remained due and unpaid; that the canning company was organized as a joint-stock company for the purpose of canning and selling fruit and vegetables; that the defendants were stockholders in the…
2Cases cited8 opinions
- Abbott v. Omaha Smelting & Refining Co.Nebraska Supreme Court · 1876
- Martin v. FewellSupreme Court of Missouri · 1883
- Pettis v. AtkinsIllinois Supreme Court · 1871
- Wells v. GatesNew York Supreme Court · 1854
- Richmond v. JudyMissouri Court of Appeals · 1879
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3Cited by5 opinions
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- State ex rel. Pearson v. Louisiana & Missouri River RailroadSupreme Court of Missouri · 1906
- United States v. FreelU.S. Circuit Court for the District of Eastern New York · 1899
- Simmons v. IngramMissouri Court of Appeals · 1899
- Laney v. FickelMissouri Court of Appeals · 1900