Simon v. Ryan
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — flow. H. D. Wood, Judge. (1) Section Z46, Revised Statutes 1899, requires an affidavit denying the existence of partnership to he filed in order to make it an issue, and this applies to justices’ courts. The ’Weed Sewing Machine Co. v. Philhrick, 70 Mo. 646; Mitchell & Bro. v. Railton, 45 Mo. App. 273. (2) The case of Hayler v. Dawson, 28 Mo. App. 531, is on all fours with this case.
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Appeal from St. Louis City Circuit Court. — flow. H. D. Wood, Judge. (1) Section Z46, Revised Statutes 1899, requires an affidavit denying the existence of partnership to he filed in order to make it an issue, and this applies to justices’ courts. The ’Weed Sewing Machine Co. v. Philhrick, 70 Mo. 646; Mitchell & Bro. v. Railton, 45 Mo. App. 273. (2) The case of Hayler v. Dawson, 28 Mo. App. 531, is on all fours with this case. The. same has not been reversed, and is cited, with approval, in the case of Richards v. McNemee, 87 Mo. App. 400. (1) It was the duty of the court to grant a new…
1Opinion of the CourtGoode, J.
This attachment action was begun before a justice of the peace on an account for goods sold and delivered.
The statement of account filed before the justice was in this form: •
“J. Simon Julian Simon.
J. SIMON & SON,
Distillers and Wholesale Liquor Dealers,
No. 817 Franklin Ave.,
St. Louis Mo., Dec. '4,1900.
*18“Sold to Mrs. Arma V. Ryan, and J. J. Ryan, E. P. Ryan, and M. V. Hartley, co-partners, doing business as Ryan & Company.
1 gal.-raspberry syrup.$ 1 00
25 bottles dry catawba. 3 50
25 bottles sweet catawba. 3 50
6 bottles angelica, 20 cents. 1 20
1 bottle absinthe. 1 25
Wine bbl. and bottle…
2Cases cited5 opinions
- Carr v. MossSupreme Court of Missouri · 1885
- Compton v. ParsonsSupreme Court of Missouri · 1882
- Lessing, Mayer & Co. v. VertreesSupreme Court of Missouri · 1862
- Anderson v. HanceSupreme Court of Missouri · 1871
- Comfort v. LynamMissouri Court of Appeals · 1896
3Cited by3 opinions
- In Re the Estate of Thomasson v. Boatmen's National BankSupreme Court of Missouri · 1946
- Krause v. SpurgeonMissouri Court of Appeals · 1927
- Associates Discount Corp. v. IsgriggsMissouri Court of Appeals · 1968