St. Louis Type Foundry v. McCann
Supreme Court of Missouri
Appeal from Greene Circuit Court. — IIon. W. F. Geiser, Judsre. ? This was a suit upon two promissory notes executed, by W. J. Teed, in the name of W. J. Teed & Co. Plaintiff sought to charge defendant, McCann, as a member of that firm. Teed swore that he was a member. McCann swore that he was not.
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Appeal from Greene Circuit Court. — IIon. W. F. Geiser, Judsre. ? This was a suit upon two promissory notes executed, by W. J. Teed, in the name of W. J. Teed & Co. Plaintiff sought to charge defendant, McCann, as a member of that firm. Teed swore that he was a member. McCann swore that he was not. It was not claimed that he took any part in the management of the business, but there was evi■dence that he was to share in the losses and profits of the business, and that Hayward, his brother-in-law, who was active in it, was, in reality, his representative. For the plaintiff the court instructed…
1Opinion of the CourtHoush, J.
The only question in this case was, whether, at the time the notes sued on were executed, the defendant, Geo. H. McCann, was a member of the firm of W. J. Teed & Co. This question was submitted to the jury under instructions of which the defendant has no reason to complain. The first instruction given, at the instance of the defendant, did not correctly declare the law, but he could not be injured by it, and if injured, he could not complain. Crutchfield v. St. L., K. C. & N. Ry., 64 Mo. 255. Persons may be held liable as partners, by third persons, when they are not in reality partners,…
2Cases cited1 opinion
- Crutchfield v. St. Louis, Kansas City & Northern Railway Co.Supreme Court of Missouri · 1876
3Cited by2 opinions
- Caruth v. RichesonSupreme Court of Missouri · 1888
- Henry v. Wabash Western Railway Co.Supreme Court of Missouri · 1891