McDonald v. Matney
Supreme Court of Missouri
Error to Platte Circuit Court. — IIon. Geo. W. Dunn, Judge. As between the partners themselves, the test of partnership is liability for losses, i. e. liability of eacli to lose whatever money or property be bas in tbe business as well as to answer over out of bis private estate upon tbe obligations of tbe concern. Tbe power of partners to manage and dispose of tbe firm property, and to wind up its affairs, are incident to tbis liability.
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Error to Platte Circuit Court. — IIon. Geo. W. Dunn, Judge. As between the partners themselves, the test of partnership is liability for losses, i. e. liability of eacli to lose whatever money or property be bas in tbe business as well as to answer over out of bis private estate upon tbe obligations of tbe concern. Tbe power of partners to manage and dispose of tbe firm property, and to wind up its affairs, are incident to tbis liability. Philips v. Samuel, 76 Mo. 657; Musser v. Brink, 68 Mo. 242; Donnell v. Plarshe, 67 Mo'. 170 ; Campbell v. Dent, 54 Mo. 325 ; Lengle v. Smith, 48 Mo. 276;…
1Opinion of the CourtHenry, J.
This is an action by plaintiff as administrator of the estate of Armstrong Beattie, deceased, against defendant, James A. Matney, on a promissory note for $450 dated December 11, 1869, payable to A. Beattie & Co., made by defendant and William A. Matney. On said note is an endorsement, signed by T. B. Weakley, prior to January 1, 1877, by which he transferred to Beattie his interest in the note. The defense pleaded was that on the 1st day of January, 1877, Beattie and one James Hull, by a written agreement, became partners in the banking business at the qity of St. Joseph, conducted in the…
2Cases cited6 opinions
- Cecil v. CecilCourt of Appeals of Maryland · 1862
- Donnell v. HarsheSupreme Court of Missouri · 1877
- Dwinel v. StoneSupreme Judicial Court of Maine · 1849
- Musser v. BrinkSupreme Court of Missouri · 1878
- Crispen v. HannavanSupreme Court of Missouri · 1872
1 more not listed; retrieve them via the Exa API.
3Cited by32 opinions
- Hollenbeck v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1897
- Moorshead v. United Railways Co.Supreme Court of Missouri · 1907
- Torbert v. JeffreySupreme Court of Missouri · 1901
- Willis v. CrawfordOregon Supreme Court · 1901
- Thompson v. HoldenSupreme Court of Missouri · 1893
27 more not listed; retrieve them via the Exa API.