Hill-Dodge Banking Co. v. Loomis
Missouri Court of Appeals
Appeal from Clark Circuit Court. — Eon. Oharles D. Stewart, Judge. (1) The evidence of partnership adduced at the trial tended to prove a non-trading partnership, even if competent, without being alleged in the petition, one member of the firm has no implied authority to bind the firm by issuing negotiable paper and the burden of proof is upon the one seeking to hold the firm liable and plaintiff has failed to so show. 22 Am. and Eng. Ency.
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Appeal from Clark Circuit Court. — Eon. Oharles D. Stewart, Judge. (1) The evidence of partnership adduced at the trial tended to prove a non-trading partnership, even if competent, without being alleged in the petition, one member of the firm has no implied authority to bind the firm by issuing negotiable paper and the burden of proof is upon the one seeking to hold the firm liable and plaintiff has failed to so show. 22 Am. and Eng. Ency. Law (2 Ed.), p. 153; Stavnow v. Kennefick, 79 Mo. App. 41; Randall v. Lee and Randall, 68 Mo. App. 561; Deardorfis Admr. v. Thatcher, 78 Mo. 128; Bank v.…
1Opinion of the CourtGoode, J.
This is an action on a promissory note of the following tenor:
“Memphis, Mo., July 8th, 1903.
“Six months after date, for value received, we promise to pay to the order of the Hill-Dodge Banking Company, (a corporation), at their banking house in Warsaw, Illinois, the sum of Seven Hundred and Fifty Dollars. With interest at the rate of 7 per cent per annum from date until paid, and if the interest is not paid annually, to become as principal and bear the same rate of interest; and agree to pay all costs and attorney’s fees should this note be collected by an attorney, by suit or otherwise,…
2Cases cited18 opinions
- Northrup v. Mississippi Valley InsuranceSupreme Court of Missouri · 1871
- Greenway v. JamesSupreme Court of Missouri · 1864
- Gribben v. MaxwellSupreme Court of Kansas · 1885
- Banking House of Wilcoxson & Co. v. RoodSupreme Court of Missouri · 1896
- Sprague v. RooneySupreme Court of Missouri · 1891
13 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- Wahl v. CunninghamSupreme Court of Missouri · 1928
- Rubenstein v. Dr. Pepper Co.Court of Appeals for the Eighth Circuit · 1955
- Schuler v. SchulerMissouri Court of Appeals · 1956
- Doty Ex Rel. McWethy v. MummaSupreme Court of Missouri · 1924
- McConnon Company v. KuhlmannMissouri Court of Appeals · 1926
10 more not listed; retrieve them via the Exa API.