Gillham v. Kerone
Supreme Court of Missouri
Jlppeal from St. Louis Circuit Court. I. The existence of the partnership and the rights of the parties under it can not be, inquired into in-an action at law by one of the partners against the creditor of his co-partner. (Collier on Part., § 298; id. 266, §' 300 ; Smith’s Merc. Law, 65.) Such evidence is secondary in its nature, and so unreliable that it ought for that reason alone to have been excluded. II.
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Jlppeal from St. Louis Circuit Court. I. The existence of the partnership and the rights of the parties under it can not be, inquired into in-an action at law by one of the partners against the creditor of his co-partner. (Collier on Part., § 298; id. 266, §' 300 ; Smith’s Merc. Law, 65.) Such evidence is secondary in its nature, and so unreliable that it ought for that reason alone to have been excluded. II. The verdict ay as erroneous also for the reason that it refers the question of damages to the interest of defendant in the property replevied. If defendant had the right of possession at…
1Opinion of the CourtCurrier, Judge
This is a replevin suit brought by the plaintiff, as general owner, against the defendant, who claims a lien upon the replevied property, in virtue of an execution levy upon it in a proceeding against the plaintiff’s co-partner. The property was turned over to the plaintiff under the usual order in such cases. The main question for consideration arose at the trial upon objections to a portion of the plaintiff’s testimony. It appeared that the defendant was an acting constable, and that, as such, he levied an execution against.the plaintiff’s co-partner upon the replevied property. This…
2Cases cited1 opinion
- Dilworth v. McKelvySupreme Court of Missouri · 1860
3Cited by14 opinions
- Oster v. RabeneauSupreme Court of Missouri · 1870
- Nelson Distilling Co. v. HubbardMissouri Court of Appeals · 1893
- Fahy v. GordonSupreme Court of Missouri · 1896
- Gregory v. TavennerMissouri Court of Appeals · 1890
- Powers v. BraleyMissouri Court of Appeals · 1890
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