Smith v. Cain
Missouri Court of Appeals
Appeal from Jasper County Circuit' Court, Division Number One. — Ron. Joseph D. Perlcins, Judge. ' (1) The affidavit filed by defendants ’ attorneys in the justice court shows that they were aware that they were sued as partners, and the absence of a formal allegation of partnership was waived, since it was not raised by demurrer or answer in the circuit court. R. S. Mo. 1909, secs. 1800 and 1804; Bank v. Pudge, 109 Mo. App. 186; Walker v. Deaver, 79 Mo. 664; Iroquois Mfg.
Read the full summary
Appeal from Jasper County Circuit' Court, Division Number One. — Ron. Joseph D. Perlcins, Judge. ' (1) The affidavit filed by defendants ’ attorneys in the justice court shows that they were aware that they were sued as partners, and the absence of a formal allegation of partnership was waived, since it was not raised by demurrer or answer in the circuit court. R. S. Mo. 1909, secs. 1800 and 1804; Bank v. Pudge, 109 Mo. App. 186; Walker v. Deaver, 79 Mo. 664; Iroquois Mfg. Co. v. Annan-Burg Milling Co., 161 S. W. 321. (2) The signature” of one partner in matters relating to the partnership…
1Opinion of the CourtRobertson, P. J.
The plaintiff filed his account in the justice’s court against R. M. Cain & Co., upon which summons was issued* naming all of said defendants. The defendants appeared and filed an affidavit denying the partnership. A trial was had in the justice’s court, an appeal taken to the circuit court and a trial there before a jury resulted in a verdict and judgment for the defendants, from which the plaintiff, has appealed.
The plaintiff was engaged in the business of renting pumps, boilers and other machinery and he proved that the defendants, Cain and Blankenship, personally rented of him certain…
2Cases cited7 opinions
- Alcorn v. Chicago & Alton RailroadSupreme Court of Missouri · 1891
- Gates v. WatsonSupreme Court of Missouri · 1874
- Jones v. TullerSupreme Court of Missouri · 1866
- Stix v. MathewsSupreme Court of Missouri · 1876
- Anstee v. OberMissouri Court of Appeals · 1887
2 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Bay v. BuckMissouri Court of Appeals · 1915