Creath v. Kolb
Missouri Court of Appeals
. Appeal from the Butler Circuit Court. — Hon. C. L. Keaton, Special Judge. The petition does not state a cause of action against appellant. 1 Pom. Eq. Juris. 178; 2 Jd,.pp. 911-914.. There was no partnership in a legal sense. Bank v. Sato Co., 104 Mo. 425. If there was a partnership, then defendant, Kolb, had full power and authority to sell, pledge, or otherwise dispose of any effects belonging to the partnership for any purpose within the scope of the partnership.
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. Appeal from the Butler Circuit Court. — Hon. C. L. Keaton, Special Judge. The petition does not state a cause of action against appellant. 1 Pom. Eq. Juris. 178; 2 Jd,.pp. 911-914.. There was no partnership in a legal sense. Bank v. Sato Co., 104 Mo. 425. If there was a partnership, then defendant, Kolb, had full power and authority to sell, pledge, or otherwise dispose of any effects belonging to the partnership for any purpose within the scope of the partnership. Clark v. Rivers, 33 Mo. 579; Keckv. Fischer, 58 Id. 532; Holt v. Simmons, 16 Mo. App. 97; 2 Story on Part., par. 94; 2 Lindley…
1Opinion of the CourtBiggs, J.
On the thirteenth day of June, 1893, G-eorge Kolb attempted to sell to his codefendant, the Nelson Distilling Company, the entire contents of a saloon consisting of wines, whiskies, bottles, fixtures, etc., in the city of Poplar Bluff. The plaintiff was the active manager of the saloon and the business was conducted in the name of G-. W. Creath & Company. The pretended sale took place about 11 o’clock p. m. of the day above mentioned. Kolb procured a key to the building, unlocked the door, and put the agent of the appellant in possession. The plaintiff claims to have been a partner of Kolb in…
2Cases cited3 opinions
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- Keck v. FisherSupreme Court of Missouri · 1875
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