Kelley-Goodfellow Shoe Co. v. Long-Bell Lumber Co.
Missouri Court of Appeals
Appeal from the Jackson Circuit Court. — Hon. J. H. Blover, Judge. (1) Under the articles of association, as set forth in the statement, T. W. YanOleave, as one member of the firm of the Martin Lumber Co., had no authority to guarantee the payment of the bill sued on. Lindley on Partnership (2 Am.
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Appeal from the Jackson Circuit Court. — Hon. J. H. Blover, Judge. (1) Under the articles of association, as set forth in the statement, T. W. YanOleave, as one member of the firm of the Martin Lumber Co., had no authority to guarantee the payment of the bill sued on. Lindley on Partnership (2 Am. Ed.), p. 256; Irwin v. Williar, 110 U. S. 505. '(2) If an act is done by one partner on behalf of the firm, and it was not necessary for carrying on the partnership business in the ordinary way, the firm will prima facie be not liable; and before liability can attach it must be shown that authority…
1Opinion of the CourtSmith, P. J.
The Martin Lumber Company (Limited), which for convenience we shall hereafter refer to as the Louisiana company, a corporation engaged in the manufácture of lumber at Bolinger, in the state of Louisiana, kept a branch business office in'St. Louis until January 1, 1897, when the same was discontinued. One VanCleave, who had been in charge of "the St. Louis business office, for the purpose of succeeding to the business that had been built up by it at that place, entered into a co-partnership with the Long-Bell Lumber Company, a manufacturing corporation, under the name *442and style of the Martin…
2Cases cited6 opinions
- Irwin v. WilliarSupreme Court of the United States · 1884
- Rimel v. HayesSupreme Court of Missouri · 1884
- Cayton v. HardySupreme Court of Missouri · 1858
- Chandler v. ShermanSupreme Court of Florida · 1877
- Allen, Nugent & Co. v. CarySupreme Court of Louisiana · 1881
1 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Seufert v. GilleSupreme Court of Missouri · 1910
- W. B. Thompson & Co. v. GosserandSupreme Court of Louisiana · 1913
- Frowein v. Haysler & HayslerMissouri Court of Appeals · 1901