Keim & McMillan Hardware Co. v. Williams
Missouri Court of Appeals
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
- Missouri Pacific Railway Co. v. RichmondTexas Supreme Court · 1889
- Moore v. Lindell Railway Co.Supreme Court of Missouri · 1903
- Homuth v. Metropolitan Street Railway Co.Supreme Court of Missouri · 1895
- Vaughan v. DanielsSupreme Court of Missouri · 1889
- State ex rel. Jones v. JonesSupreme Court of Missouri · 1895
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3Cited by3 opinions
- First National Bank of Kansas City v. DanforthSupreme Court of Missouri · 1975
- Hely v. HinermanSupreme Court of Missouri · 1924
- Simmons Hardware Co. v. PeckMissouri Court of Appeals · 1914