Legal Opinion

Boon v. Turner

Missouri Court of Appeals

Decided December 1, 1902Published

Appeal from Howard' Circuit Court. — Ho». John A. Uockaday, Judge. (1) The evidence shows that Boon entered into the partnership in good faith, and assumed one-third of the debt to the Glasgow Savings Bank as the consideration of the sale of a third interest to him in the stock of goods.

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Appeal from Howard' Circuit Court. — Ho». John A. Uockaday, Judge. (1) The evidence shows that Boon entered into the partnership in good faith, and assumed one-third of the debt to the Glasgow Savings Bank as the consideration of the sale of a third interest to him in the stock of goods. He permitted the business to be conducted in his name for over three years and assumed all the liability of a partner in said business during that time, under the belief that it was being conducted for his benefit. He can not be bound by any private arrangement between Turner, Jackson and Burckhartt. (2)…

1Opinion of the CourtSmith, P. J.

This is a suit in equity having for its object the dissolution of an alleged partnership and for an accounting, etc.

The petition alleged that in November, 1897, said parties formed a co-partnership to purchase from defendant Burekhartt a stock of drugs and to continue the business with said Burekhartt as its manager; that said drugstore was bought and was thereafter conducted in the name of Turner, Jackson & Company under the management of said Burekhartt, until the first day of January, 1901, when defendant Burekhartt, who was in possession of the goods as the manager of the partnership,…

2Cases cited7 opinions

  1. McDonald v. MatneySupreme Court of Missouri · 1884
  2. A. N. Kellogg Newspaper Co. v. FarrellSupreme Court of Missouri · 1886
  3. Priest v. ChouteauSupreme Court of Missouri · 1884
  4. Hazell v. ClarkMissouri Court of Appeals · 1901
  5. Bank of Osceola v. OuthwaiteMissouri Court of Appeals · 1892

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