Legal Opinion

Keim & McMillan Hardware Co. v. Williams

Missouri Court of Appeals

Decided April 3, 1911PublishedCited by 3 opinions

Appeal from Barry Circuit Court. — Horn. F. G. Johnston, Judge. (T) In a suit against a firm the jury are not required to decide whether the partnership actually existed, but only whether it was held out to' the plaintiff as existing and when a man advisedly permits the representation that he is a member of partnership or so represents himself to a person who is doing business with the firm he will be treated as a partner as to that person.

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Appeal from Barry Circuit Court. — Horn. F. G. Johnston, Judge. (T) In a suit against a firm the jury are not required to decide whether the partnership actually existed, but only whether it was held out to' the plaintiff as existing and when a man advisedly permits the representation that he is a member of partnership or so represents himself to a person who is doing business with the firm he will be treated as a partner as to that person. Young v. Smith, 25 Mo. 341; 1 Bindley on Partnership, page 54; Gamble v. Grether, 108 Mo. App. 340; Hahls v. Mayer, 102 Mo. 93;- Ins. Co. v. Kountz Line,…

1Opinion of the CourtNixon, P. J.

This was an action on an open account instituted by the appellant corporation against the defendants as members of a partnership to recover *720the sum of $289.84. Defendants L. Williams, O. N. Williams and-Williams made default. Defendant R. K. Hearne filed a demurrer which was overruled. He also filed an answer under oath denying that he was a member of the partnership when the debt was incurred. At the conclusion of plaintiff’s evidence, this defendant also filed a demurrer to the evidence which was overruled. The defendant obtained judgment from which the plaintiff in due time perfected its…

2Cases cited9 opinions

  1. Missouri Pacific Railway Co. v. RichmondTexas Supreme Court · 1889
  2. Moore v. Lindell Railway Co.Supreme Court of Missouri · 1903
  3. Homuth v. Metropolitan Street Railway Co.Supreme Court of Missouri · 1895
  4. Vaughan v. DanielsSupreme Court of Missouri · 1889
  5. State ex rel. Jones v. JonesSupreme Court of Missouri · 1895

4 more not listed; retrieve them via the Exa API.

3Cited by3 opinions

  1. First National Bank of Kansas City v. DanforthSupreme Court of Missouri · 1975
  2. Hely v. HinermanSupreme Court of Missouri · 1924
  3. Simmons Hardware Co. v. PeckMissouri Court of Appeals · 1914

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