Cannon v. Wing
Missouri Court of Appeals
Appeal from Lincoln Circuit Court. — Hon. Jas. D. Barnett, Judge. (1) The relation of one partner to another is exactly the same as principal and agent, and when one partner exceeds his authority, he cannot bind the partnership. Flannagan y. Alexander, 50 Mr. 51. (2) Partners, in the absence of their assent or subsequent ratification, cannot be bound by the acts of the co-partner done outside of the partnership business. Rimel y.
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Appeal from Lincoln Circuit Court. — Hon. Jas. D. Barnett, Judge. (1) The relation of one partner to another is exactly the same as principal and agent, and when one partner exceeds his authority, he cannot bind the partnership. Flannagan y. Alexander, 50 Mr. 51. (2) Partners, in the absence of their assent or subsequent ratification, cannot be bound by the acts of the co-partner done outside of the partnership business. Rimel y. Hayes, 83 Mo. 200. (3) A partner may not give the partnership note to secure the indebtedness of the individual partner. Broughton Bros. v. Sumner, 80 Mo. App. 386.…
1Opinion of the CourtReynolds, P. J.
This action was commenced before a justice of the peace against Charles Wing and William Wing, partners, by the filing of a statement to the effect that the defendants were partners, doing business under the firm name and style of Wing Biros., on the 22d of October, 1904, and that on that day plaintiff delivered and deposited Avith them for his use and benefit the sum of one hundred dollars, and that there*14upon defendants executed and delivered to plaintiff a duebill of that date, reading, “Due Daniel Cannon one hundred dollars for safe keeping. Signed, Wing Bros.;” that plaintiiff demanded…
2Cited by1 opinion
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