Monmouth College v. Dockery
Supreme Court of Missouri
Appeal from Adair- Circuit Court. — Hon. Nat M. Shelton, Judge. (1) A partner is liable for tbe fraud of his co-partner if committed in the name of the partnership and within the apparent scope of the partnership business, although he be entirely ignorant of it, receive no benefit from it and the fruits of the fraud are. appropriated by his copartner to his own use.
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Appeal from Adair- Circuit Court. — Hon. Nat M. Shelton, Judge. (1) A partner is liable for tbe fraud of his co-partner if committed in the name of the partnership and within the apparent scope of the partnership business, although he be entirely ignorant of it, receive no benefit from it and the fruits of the fraud are. appropriated by his copartner to his own use. Story on Partnership (7 Ed.), secs. 108, 166; Bates on Partnership, sec. 476; Lindley on Partnership (Ewell’s Ed.), p. 314; Hayner v. Crow, 79 Mo. 293; Win-ship v. Bank, 5 Pet. 566; Church v. Sparrow, 5 Wend. 223; Gilchrist v.…
1Opinion of the CourtYalliant, C. J.
— Plaintiff, an Illinois corporation, sues to recover $12,000, with interest, which it alleges was obtained from it by defendant through fraud and deceit. It is not disputed that the money was obtained from the plaintiff by fraud and deceit and it is not charged that defendant Dockery was, in person, guilty of any of the fraud or deceit that was practiced in the transaction, or that he did in person obtain any of the money in question. But defendant was a member of a business firm or copartnership doing business under the name and style of Dockery & Hilbert, and the fraud was practiced in the…
2Cases cited19 opinions
- Shelby County v. BraggSupreme Court of Missouri · 1896
- Vigus v. O'BannonIllinois Supreme Court · 1886
- Stark v. ZehnderSupreme Court of Missouri · 1907
- Young v. Shickle, Harrison & Howard Iron Co.Supreme Court of Missouri · 1890
- McDermott v. ClaasSupreme Court of Missouri · 1890
14 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Denny v. GuytonSupreme Court of Missouri · 1931
- Jones v. ArnoldSupreme Court of Missouri · 1949
- Selle v. WrigleyMissouri Court of Appeals · 1938
- Kearns v. SparksMissouri Court of Appeals · 1953
- Kristanik v. Chevrolet Motor Co.Supreme Court of Missouri · 1934
14 more not listed; retrieve them via the Exa API.