Meyers v. Field
Supreme Court of Missouri
Appeal from, St. Louis Circuit Court. The cause came to an issue on the amended petition and answer. The amended petition is in these words: “ The plaintiff states that the defendants are copartners in business, in the city of St. Louis, under the firm name of Field Bros.; that on or about the month of December, 1858, be entered into an arrangement with defendants, who were then, and have been since, wholesale dealers in drygoods and tailoring stock in the city of St. Louis,…
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Appeal from, St. Louis Circuit Court. The cause came to an issue on the amended petition and answer. The amended petition is in these words: “ The plaintiff states that the defendants are copartners in business, in the city of St. Louis, under the firm name of Field Bros.; that on or about the month of December, 1858, be entered into an arrangement with defendants, who were then, and have been since, wholesale dealers in drygoods and tailoring stock in the city of St. Louis, by which agreement the plaintiff was to conduct a retail business in ready-made clothing in said city, and said…
1Opinion of the CourtHolmes, Judge
The petition in this case appears to have been drawn in utter disregard of the rules of pleading, either at law or in equity. It is neither a good bill in equity, nor a good cause of action at law. The transactions disclosed by the facts stated in it would seem to amount to a partnership in a joint adventure, upon which-; if the petition were properly framed, it is probable that the plaintiff would be entitled to equitable relief, as upon the dissolution of a partnership, and for an account to be taken, and stated for the purpose of ascertaining the balance of account which might be found to…
2Cases cited5 opinions
- Mooney v. KennettSupreme Court of Missouri · 1854
- State v. LarrimoreSupreme Court of Missouri · 1855
- City Bank of Columbus v. PhillipsSupreme Court of Missouri · 1855
- Hesse v. Missouri State Mutual Fire & Marine InsuranceSupreme Court of Missouri · 1855
- Ivory v. CarlinSupreme Court of Missouri · 1860
3Cited by11 opinions
- Mathews v. SniggsSupreme Court of Oklahoma · 1919
- Tucker v. St. Louis Life Ins.Supreme Court of Missouri · 1876
- Billy D. Blue, Billy Ed Blue v. Don Rose, Phillip Rose, Mike Rose, Lynn Rose, D/B/A Rose Bros., Donna Sue Rose, Patti R. Rose, and Rose Cattle CompanyCourt of Appeals for the Eighth Circuit · 1986
- Lengle v. SmithSupreme Court of Missouri · 1871
- St. Louis Gunning Advertising Co. v. Wanamaker & BrownMissouri Court of Appeals · 1905
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