Chinn v. Davis
Missouri Court of Appeals
Error to Platte Circuit Court, Hon. Gr. W. Dunn,, Judge. The case is stated in the opinion. I. Defendant and plaintiff were partners. Wlien they dissolved defendant owed the firm $429.54, and ad.mitted it in his answer to this suit. But he claimed it was cancelled in a settlement between them, while plaintiff claimed the whole debt was due. According to the testimony the whole sum was due, or nothing was due. Yet the verdict was for two hundred dollars for the plaintiff.
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Error to Platte Circuit Court, Hon. Gr. W. Dunn,, Judge. The case is stated in the opinion. I. Defendant and plaintiff were partners. Wlien they dissolved defendant owed the firm $429.54, and ad.mitted it in his answer to this suit. But he claimed it was cancelled in a settlement between them, while plaintiff claimed the whole debt was due. According to the testimony the whole sum was due, or nothing was due. Yet the verdict was for two hundred dollars for the plaintiff. There is no testimony to sustain this verdict and it should have been set aside. Hill on New Trials, 104. II. The law does…
1Opinion of the CourtPhilips, P. J.
— I. This is an action to recover the sum of $429.54, alleged to.be due the plaintiff from the defendant. The defendant claimed that this debt was included in the transfer of a partnership interest by him to plaintiff, and was settled thereby. This was denied by the plaintiff. The whole issue was one of fact. If the said debt was included in said transfer the defendant owed the plaintiff nothing. If it was not so included he owed the plaintiff the said sum of $429.54. There was evidence at the trial, had before a jury, tending to support both'propositions. The jury, however, returned a…
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