Legal Opinion

Citizens Bank of Laredo v. Lowder

Missouri Court of Appeals

Decided February 21, 1910PublishedCited by 4 opinions

Appeal from Sullivan Circuit Court. — Hon. John P. Butler, Judge. (1) The court erred in permitting the respondent to introduce evidence under his petition, when the petition failed to state the items of the account sued on, and did not' have attached to it an itemized statement of the account between the plaintiff and the defendant as alleged partners. Savings Assn. v. Morris, 52 Mo. App. 612; Dawson v. Quillen, 61'Mo.

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Appeal from Sullivan Circuit Court. — Hon. John P. Butler, Judge. (1) The court erred in permitting the respondent to introduce evidence under his petition, when the petition failed to state the items of the account sued on, and did not' have attached to it an itemized statement of the account between the plaintiff and the defendant as alleged partners. Savings Assn. v. Morris, 52 Mo. App. 612; Dawson v. Quillen, 61'Mo. App. 676; R. S. of Mo. 1899, sec. 630; Mangelsdorf Co. v. Seed Co., 132 Mo. App. 511. (2) There was not sufficient evidence to submit the question of partnership. Bank v.…

1Opinion of the CourtEllison, J.

Plaintiff is a banking institution and brought this action on an account against defendants as partners. On a trial without the aid of a jury the finding and judgment were for plaintiff.

The defendant S. F.. Lowder is the father and the three other defendants are his sons. The petition charged them with the account as partners, but the court found against plaintiff as to S. F., the father, and F. M’., one of the sons, and rendered judgment for plaintiff against the two remaining sons, H. F. and J. E. The former acquiesced, but the latter prosecuted this appeal.

An objection is made that the…

2Cases cited2 opinions

  1. Campbell v. HoodSupreme Court of Missouri · 1840
  2. Rippey v. EvansSupreme Court of Missouri · 1855

3Cited by4 opinions

  1. Justus v. WebbMissouri Court of Appeals · 1982
  2. March v. VandiverMissouri Court of Appeals · 1914
  3. Kansas City Pump Co. v. VroomanMissouri Court of Appeals · 1913
  4. Gonnella v. TuckerMissouri Court of Appeals · 1981

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