Stothert v. Knox
Supreme Court of Missouri
APPEAL from the- circuit court of Boone county. The plaintiff has assigned for error the several opinions of the court, and will insist before this court upon, the following points-: 1. That the court erred in refusing to- give the instruc-lion prayed for by the plaintiff. 2. That the court erred in not setting aside the non-suit, and in refusing to grant him a new trial.
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APPEAL from the- circuit court of Boone county. The plaintiff has assigned for error the several opinions of the court, and will insist before this court upon, the following points-: 1. That the court erred in refusing to- give the instruc-lion prayed for by the plaintiff. 2. That the court erred in not setting aside the non-suit, and in refusing to grant him a new trial. The ground upon which the circuit court refused to give the instruction to the jury was, that from the evidence in the cause, it appeared that the debt claimed was one which grew put of a partnership transaction, and . that,…
1Opinion of the Court
Opinion of the court by
Edwards, Judge-.
This was an action of assumpsit, with the common counts, brought by Stothert against Knox in the Boone circuit court. - Knox pleaded non assumpsit and set-ofij and a special plea. Issue to the first plea, and replications and issues to the others.
In 1826, Stothert and Knox, with James S. Lane, Luman Parker, and William P. Tilton, associated themselves as partners in buying and selling merchandize. In 1827, and during said partnership, they purchased goods of Moses Thomas, of Philadelphia, to the amount of $¡40,-000, for which they became indebted. The…
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