Rimel v. Hayes
Supreme Court of Missouri
Appeal from Cooper Circuit Court. — Hon. E. L. Edwards, Judge. (1) The statements alleged to have been made to different witnesses by the members of the firm of Hayes, Eager & Co. were not communicated to defendant in error, if at all, until after he made the contract with Smith to do the work for which the suit was brought, and were, therefore, inadmissible in evidence. Smith’s Leading Cases (5 Amer.
Read the full summary
Appeal from Cooper Circuit Court. — Hon. E. L. Edwards, Judge. (1) The statements alleged to have been made to different witnesses by the members of the firm of Hayes, Eager & Co. were not communicated to defendant in error, if at all, until after he made the contract with Smith to do the work for which the suit was brought, and were, therefore, inadmissible in evidence. Smith’s Leading Cases (5 Amer. Ed., Hare & Wallace’s notes) pp. 981, 982; Freeman v. Broomfield, 43 Mo. 391. A man cannot be made a partner against his will, or by accident. Baird v. Planque, 1 Poster & F. N. P. 334; Irving…
1Opinion of the Court
Philips, C.
This action originated in a justice’s court, based on the following account filed with the justice:
“ J. R. Smith, W. C. Hayes and Wm. P. Eager,
In account with Isaac Rimel. To hauling 902 railroad ties, at 7 cts..a tie...... $63.14”
There was no service on the party, Smith, and the action ivas dismissed as to him. The defendant, Eager, was served Avith summons. An alias summons was issued and the defendant, Hayes, was brought in thereunder. Judgment in the justice’s court for plaintiff, and defendants appealed to the circuit court where, after one mistrial, the plaintiff again…
2Cases cited6 opinions
- Gates v. WatsonSupreme Court of Missouri · 1874
- J. S. & L. Bowie & Co. v. Maddox & GoldsmithSupreme Court of Georgia · 1859
- Degan v. SingerIllinois Supreme Court · 1866
- Freeman v. BloomfieldSupreme Court of Missouri · 1869
- Smith v. HulettIllinois Supreme Court · 1872
1 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Gamble v. GretherMissouri Court of Appeals · 1904
- Hely v. HinermanSupreme Court of Missouri · 1924
- Bowen v. EppersonMissouri Court of Appeals · 1909
- Broughton Bros. v. SumnerMissouri Court of Appeals · 1899
- Hannah v. BaylorMissouri Court of Appeals · 1887
9 more not listed; retrieve them via the Exa API.