Hemm v. Juede
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — Hon. Moses N. Bale, Judge. (1) A partnership is liable for the negligence of any one of the partners in carrying on the partnership business. The authorities are all agreed on this proposition. Dudley v. Love, 60 Mo. App. 420; Wilson O’bear G-ro. Co. v. Cole, 26 Mo. App. 5; Parsons on.
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Appeal from St. Louis City Circuit Court. — Hon. Moses N. Bale, Judge. (1) A partnership is liable for the negligence of any one of the partners in carrying on the partnership business. The authorities are all agreed on this proposition. Dudley v. Love, 60 Mo. App. 420; Wilson O’bear G-ro. Co. v. Cole, 26 Mo. App. 5; Parsons on. Partnership (4 Ed.), sec. 105 and note sec. 100 and notes; Story on Partnership (7 Ed.), secs. 166, 167; Lindly on Partnership (7 Ed.), p. 174; Shumaker on Partnership, pp. 310, 311, 312, and cases cited and notes; 1 Cooley on Torts (3 Ed.), p. 253 and note 28; Hoss…
1Opinion of the CourtCaulfield, J.
(after stating the facts). — I. We are met in the beginning by the fact that plaintiff preserved no exception to the action of the trial court in overruling his motion for a new trial. The case must *267stand then as if there was no motion for a new trial; and we cannot review the court’s action in sustaining the petition of the trustee in bankruptcy if the error assigned should have been brought to the attention of the trial court by such a motion. [Kolokas v. R. R. Co., 223 Mo. 455, 122 S. W. 1082.] But we are convinced that the assignment of error we are called upon to review is not in that…
2Cases cited13 opinions
- Sexton v. AndersonSupreme Court of Missouri · 1888
- Erskine v. LoewensteinSupreme Court of Missouri · 1884
- Goddard-Peck Grocery Co. v. McCuneSupreme Court of Missouri · 1894
- Slagel v. MurdockSupreme Court of Missouri · 1877
- City of St. Louis v. BrooksSupreme Court of Missouri · 1891
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3Cited by10 opinions
- North v. NorthSupreme Court of Missouri · 1936
- In Re the Trust Under the Last Will & Testament of JacksonMissouri Court of Appeals · 1956
- Simms v. ThompsonSupreme Court of Missouri · 1922
- Rudd v. RuddMissouri Court of Appeals · 1929
- Dixon v. KoplarCourt of Appeals for the Eighth Circuit · 1939
5 more not listed; retrieve them via the Exa API.