Pomeroy v. Benton
Supreme Court of Missouri
Appeal from St. Louis Court of Appeals. January 13th, 1868, George Pomeroy filed his petition in the circuit court of St. Louis county stating that in 1858 he and the respondent Benton formed a partnership to conduct a wholesale drygoods business in the name of Pomeroy & Benton. They were to share equally the losses and profits.
Read the full summary
Appeal from St. Louis Court of Appeals. January 13th, 1868, George Pomeroy filed his petition in the circuit court of St. Louis county stating that in 1858 he and the respondent Benton formed a partnership to conduct a wholesale drygoods business in the name of Pomeroy & Benton. They were to share equally the losses and profits. Neither was -to engage in any other mercantile business, nor use the firm name otherwise than m its regular business, nor incur a personal liability for any other person without the written consent of the other partner. The partnership agreement was several times…
1Opinion of the CourtSherwood, J.
When this cause was in this court on a former occasion, (57 Mo. 531,) we examined the record with the most patient and laborious attention. The result of that examination was, that the defendant was declared a fraudulent trustee, the judgment reversed, and the cause remanded with directions to have an accounting on that basis. The defendant did not move for a rehearing in this court either on matter of fact or matter of law. The cause on its return to the circuit court was committed to a referee, with instructions “ to hear all competent testimony that may be offered by the parties, and state…
2Cases cited9 opinions
- Pomeroy v. BentonSupreme Court of Missouri · 1874
- Heath v. WatersMichigan Supreme Court · 1879
- Blade v. NolandNew York Supreme Court · 1834
- O'Neill v. CapelleSupreme Court of Missouri · 1876
- Chouteau v. AllenSupreme Court of Missouri · 1881
4 more not listed; retrieve them via the Exa API.
3Cited by52 opinions
- Goodman v. Praxair Services, Inc.District Court, D. Maryland · 2009
- Turner v. Hudson Transit Lines, Inc.District Court, S.D. New York · 1991
- Brown v. HamidSupreme Court of Missouri · 1993
- Denny v. GuytonSupreme Court of Missouri · 1931
- Appleton Electric Company v. Advance-United ExpresswaysCourt of Appeals for the Seventh Circuit · 1974
47 more not listed; retrieve them via the Exa API.