Comfort v. Lynam
Missouri Court of Appeals
Appeal from the St. Louis City Circuit Court. — Hon. Leroy B. Valliant, Judge. No affidavit was filed before tbe justice denying tbe partnership alleged in tbe complaint', and it must be taken as admitted.
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Appeal from the St. Louis City Circuit Court. — Hon. Leroy B. Valliant, Judge. No affidavit was filed before tbe justice denying tbe partnership alleged in tbe complaint', and it must be taken as admitted. Sees. 2186, 6272, R. S. 1889; Pedclicord v. Railroad, 85 Mo. 160. Cases appealed from justices’ courts are tried de novo in the circuit court, and the defendant can not on appeal to the1 circuit court raise the question of no partnership, which was not raised before the justice. Secs. 6339, 6345, R. S. 1889; Sherman v. Rochwood, 26 Mo. App. 403; Wolff v. Vette, 17 Id. 36; Loomis v.…
1Opinion of the CourtBiggs, J.
This suit was commenced before a justice of the peace and 'was brought against the respondent and Peter W. Lynam. The action is to recover a balance due on an ice bill. The complaint states that in 1891 the Lynams were partners .doing business under the firm name of Lynam Brothers, and that *670during that year, commencing on July 1, the Comfort-Henry Ice Company sold to the firm ice of the value of $211.85; that on the fifth day of January, 1892, $50 was paid on the account, and that demand was made on that day for the payment of the balance, and that subsequently the Comfort-Henry Ice Company…
2Cases cited4 opinions
- Moore v. HutchinsonSupreme Court of Missouri · 1879
- Compton v. ParsonsSupreme Court of Missouri · 1882
- Phillips v. BlissSupreme Court of Missouri · 1862
- Meyers v. BoydMissouri Court of Appeals · 1889
3Cited by2 opinions
- Krause v. SpurgeonMissouri Court of Appeals · 1927
- Simon v. RyanMissouri Court of Appeals · 1903