O'Brien v. Smith
Supreme Court of Kansas
Error from Elk District Court. This was an action brought in the district court of Elk county by B. C. Smith against H. J. O’Brien and E. H. Hudson, to recover $1,126.50 for personal services, and for the use of a horse and wagon.
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Error from Elk District Court. This was an action brought in the district court of Elk county by B. C. Smith against H. J. O’Brien and E. H. Hudson, to recover $1,126.50 for personal services, and for the use of a horse and wagon. The defendants answered, setting forth, first, a general denial; second, that all the services, etc., set forth in the plaintiff’s petition were furnished to all the parties jointly, the plaintiff and the defendants, as a copartnership, as follows: That on August 15, 1885, the plaintiff and the defendants entered into a copartnership for the purpose of conducting a…
1Opinion of the Court
The opinion of the court was delivered by
Valentine, J.:
B. C. Smith, who was the plaintiff below, and is now the defendant in error, was a member of a copartnership firm of which H. J. O’Brien and E. H. Hudson, the defendants below and the pláintiffs in error, were the other members. Smith, the first-mentioned partner, sued the other *53two partners for services performed by him, not for the defendants, but for the partnership. Can he maintain the action? It appears from the findings of the court below that the defendants wrongfully dissolved the copartnership, and wrongfully discharged Smith as…
2Cited by1 opinion
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