Goddard-Peck Grocer Co. v. Berry
Missouri Court of Appeals
Appeal from the Scott. Circuit Court. — Hon. H. C. Riley, Judge. All these parties were sharing profits equally. All participated in buying goods, settling accounts, hiring clerk, etc. There was a community of interest. Sharing in the profits alone is prima facie evidence of a partnership.
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Appeal from the Scott. Circuit Court. — Hon. H. C. Riley, Judge. All these parties were sharing profits equally. All participated in buying goods, settling accounts, hiring clerk, etc. There was a community of interest. Sharing in the profits alone is prima facie evidence of a partnership. Bank v. Altheimer, 91 Mo. 190; Philips■ v. Samuel, 76 Mo. 658. A partnership in fact as between the parties was clearly proved by the evidence of Berry, and after that the admissions of one was competent against all. Campbell v. Bent, 54 Mo. 331.
1Opinion of the CourtBiggs, J.
This is an action to recover the price of a bill of goods. It is alleged in the petition that the goods were sold to John Berry, E. J. Malone and J. H. Yanausdall, and that at the time they were doing business as copartners under the firm name of John Berry. Berry made no defense; Malone and Yanausdall filed separate answers denying the copartnership. Concerning the sale of the goods and their shipment to Berry, and the amount due therefor, there was no dispute on the trial. The only controverted matter was that of the alleged copartnership. The ease was submitted to the court sitting as a…
2Cases cited1 opinion
- Fourth National Bank v. AltheimerSupreme Court of Missouri · 1886
3Cited by3 opinions
- Willoughby v. HildrethMissouri Court of Appeals · 1914
- Johnson v. BlellMissouri Court of Appeals · 1895
- Schultze v. SteeleMissouri Court of Appeals · 1897