Somerville v. Missouri Glass Co.
Missouri Court of Appeals
Appeal from, the St. Louis City Circuit Court. — Eon. Charles Claflin Allen, Judge. (1) The agreement between plaintiff and defendant for a division of profits gives this case the aspect of partnership and the account of sales rendered, received by defendant January 12, 1901, being treated as an account stated, as it may be, indicates that this case must be governed by the limitation rule applicable to partnerships and accounts stated.
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Appeal from, the St. Louis City Circuit Court. — Eon. Charles Claflin Allen, Judge. (1) The agreement between plaintiff and defendant for a division of profits gives this case the aspect of partnership and the account of sales rendered, received by defendant January 12, 1901, being treated as an account stated, as it may be, indicates that this case must be governed by the limitation rule applicable to partnerships and accounts stated. Coudrey v. Gilliam, 60 Mo. 68; 1 Cyc., 394; White v. Campbell, 25 Mich. 463. In such cases “the Statute of Limitations does not begin to run against the…
1Opinion of the CourtGray, J.
This action was commenced before a justice of the peace in the city of St. Louis, on the 8th day of January, 1906, by plaintiff filing an account against the defendant in which it is stated that on January 9, 1901, the defendant became indebted to plaintiff on one item amounting to $896.46, and on September 30,.of that year, two items aggregating $100.07. Before the trial in the justice court, the defendant filed a set-off or counterclaim in the nature of an account against the plaintiff, in the sum of $192.66, giving the dates of the items, beginning with March 29, 1900, and ending November…
2Cases cited5 opinions
- Chadwick v. ChadwickSupreme Court of Missouri · 1893
- Knowles v. Rome Tribune Co.Supreme Court of Georgia · 1906
- Carder v. PrimmMissouri Court of Appeals · 1892
- Lancieri v. Kansas City Improved Street Sprinkling Co.Missouri Court of Appeals · 1902
- Cole v. BakerSouth Dakota Supreme Court · 1902
3Cited by2 opinions
- State ex rel. Commonwealth Trust Co. v. ReynoldsSupreme Court of Missouri · 1919
- Somerville v. Missouri Glass Co.Missouri Court of Appeals · 1911