Huyssen v. Lawson & Wilson
Court of Appeals of Kansas
Appeal from Pettis Circuit Court. — Hon. George F. Longan, Judge. (1) The court erred in giving plaintiffs instruction number two. 1 Greenl.
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Appeal from Pettis Circuit Court. — Hon. George F. Longan, Judge. (1) The court erred in giving plaintiffs instruction number two. 1 Greenl. Ev., sec. 52; Smith v. Griffin, 5 Hill. 336; Scott v. Blood, 16 Me. 196. (2) The court erred in giving plaintiffs third instruction. 1 Lindsay, on Partnership, p. 1; Campbell v. Dent, 54 Mo. 325, 330, 331; Thurman v. James, 48 Mo. 234; Clifton v. Howard, 89 Mo. 192; Donnell v. Harshe, 67 Mo. 170. (3) The court erred in giving plaintiffs’ fourth instruction, since the record discloses no evidence of an actual partnership. Authorities supra. (4) The…
1Opinion of the CourtSmith, P. J.
The allegation of the petition is that the plaintiff sold and delivered the defendants, as partners, certain articles of merchandise, etc. The defendant Wilson filed a separate answer putting in issue the truth of said allegation as to the partnership. It is conceded that goods were purchased by the defendant Lawson, and the question is whether the transaction is to be regarded as that of both of the defendants *85as partners or that of the defendant Lawson in bis individual capacity.
Tbe testimony of Holm, tbe plaintiff’s general manager and bookkeeper, was to tbe effect that at the time tbe…
2Cases cited2 opinions
- Rimel v. HayesSupreme Court of Missouri · 1884
- Hahlo v. MayerSupreme Court of Missouri · 1890
3Cited by3 opinions
- Swygert Bros. v. Bank of HaralsonCourt of Appeals of Georgia · 1913
- Short v. ThomasMissouri Court of Appeals · 1914
- St. Louis Brewing Assn. v. SchaferMissouri Court of Appeals · 1922