Clifton v. Howard
Supreme Court of Missouri
Error to Morgan Circuit Court. — Hon. E. L. Edwards,, Judge. (1)- A partnership cannot be implied, as a matter-of law, from a business relation, if the parties thereto-have not made or intended to make a partnership contract, and if they have done nothing to estop them from, denying the existence of a partnership. Beecher Bush, 45 Mich. 188 ; Roth. v. Kirchoff, 12 Mo.
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Error to Morgan Circuit Court. — Hon. E. L. Edwards,, Judge. (1)- A partnership cannot be implied, as a matter-of law, from a business relation, if the parties thereto-have not made or intended to make a partnership contract, and if they have done nothing to estop them from, denying the existence of a partnership. Beecher Bush, 45 Mich. 188 ; Roth. v. Kirchoff, 12 Mo. App.-599. (2) Participation in the profits and losses of a firm, does not necessarily vest in the participator such an interest in the firm property as will subject it to seizure-under execution for his individual debts. State…
1Opinion of the CourtITenky, C. J.
This is a.n action of replevin to recover of defendant thirty-two head of fat cattle taken by him as the property of James K. Estis on an execution against Estis in favor of B. S. Walker. The defence was that plaintiff in this case and Estis had fraudulently con*195spired to cheat and defrand the creditors of Estis, who was in fact the owner of the property, and that Clifton’s claim was made in furtherance of said fraudulent scheme.
The evidence tended to prove that plaintiff, Clifton, and Estis, both residents of Morgan county, had for years been purchasing and shipping cattle to St. Louis, ■each…
2Cases cited4 opinions
- Donnell v. HarsheSupreme Court of Missouri · 1877
- Musser v. BrinkSupreme Court of Missouri · 1878
- Musser v. BrinkSupreme Court of Missouri · 1883
- Rapp v. VogelSupreme Court of Missouri · 1870
3Cited by10 opinions
- Torbert v. JeffreySupreme Court of Missouri · 1901
- Willis v. CrawfordOregon Supreme Court · 1901
- Cudahy Packing Co. v. HibouMississippi Supreme Court · 1908
- Horton v. New Pass Gold & Silver Mining Co.Nevada Supreme Court · 1891
- Nugent v. Armour Packing Co.Supreme Court of Missouri · 1907
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