Ewing v. Reilly
Supreme Court of Missouri
Appeal from St. Louis Circuit Court. Plaintiffs brought their suit as partners, alleging that on the 15th of May, 1854, they sold to defendant Reilly three-sixteenths of the steamer Michigan, and that Reilly agreed to indemnify them against the debts and liabilities of the boat, and that said Lockwood and the other defendants on that day entered into the following agreement with plaintiffs: “ Whereas, W. L. Ewing & Co., of the city of St. Louis, have this day sold to the…
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Appeal from St. Louis Circuit Court. Plaintiffs brought their suit as partners, alleging that on the 15th of May, 1854, they sold to defendant Reilly three-sixteenths of the steamer Michigan, and that Reilly agreed to indemnify them against the debts and liabilities of the boat, and that said Lockwood and the other defendants on that day entered into the following agreement with plaintiffs: “ Whereas, W. L. Ewing & Co., of the city of St. Louis, have this day sold to the undersigned R. A. Reilly the undivided three-sixteenths parts of the steamer Michigan, as she now lies at the port of St.…
1Opinion of the CourtBates, Judge
The covenant, which is the foundation of the suit, was for indemnity, and not a covenant for payment of the debts of the boat.
The court below erred in giving judgment for the whole amount of the debt paid by Ewing & Co., who were not entitled to recover more than three-sixteenths of it until they *117had shown that they could not compel the other part-owners to contribute their proportions of it because of their insolvency, or for some other good reason.
The judgment is, therefore, reversed and cause remanded.
The other judges concur.
In this case a motion for a re-hearing was filed hy O. D. Drake…
2Cases cited23 opinions
- Chace v. HinmanNew York Supreme Court · 1832
- Gilbert v. . WimanNew York Court of Appeals · 1848
- Pope v. HaysTexas Supreme Court · 1857
- Colegrove v. New York & Harlem RailroadThe Superior Court of New York City · 1857
- Dozier v. JermanSupreme Court of Missouri · 1860
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3Cited by3 opinions
- Weller v. EamesSupreme Court of Minnesota · 1870
- Ittner v. HughesSupreme Court of Missouri · 1900
- Citizens' State Bank v. PettitMissouri Court of Appeals · 1900