Goddard-Peck Grocery Co. v. McCune
Supreme Court of Missouri
Certified from St. Louis Cou/rt of Appeals. (1) It is insisted that there is no evidence of fraud in this transaction. There is no proof that the firm was insolvent at the time of the execution of the notes-to McCune and Wigginton.
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Certified from St. Louis Cou/rt of Appeals. (1) It is insisted that there is no evidence of fraud in this transaction. There is no proof that the firm was insolvent at the time of the execution of the notes-to McCune and Wigginton. The note to McCune was in part for the stock of goods with which Edwards was doing business at the time that E. B. Wigginton became a partner.' The other note was for money borrowed by E. B. Wigginton with which he purchased half of the stock and the additional $300 put in for the purchase of new goods. (2) A partnership has the unquestioned right, in the absence…
1Opinion of the CourtBurgess, J.
This case was certified to this court from the St. Louis court of appeals for the reason that one of the judges of that court was of the opinion that the decision filed in that court was in conflict with the decision in the case of Sexton v. Anderson, 95 Mo. 373.
The opinion of the court of appeals is reported in 47 Mo. App. 307. The statement of Thompson, J., of said court, is as follows:
“John McCune presented, for allowance against the assigned estate of the partnership firm of Edwards & Wigginton, a promissory note made by said firm on the first day of July, 1889, for $2,000, payable one…
2Cases cited13 opinions
- Case v. BeauregardSupreme Court of the United States · 1879
- Sexton v. AndersonSupreme Court of Missouri · 1888
- Kirby v. SchoonmakerNew York Court of Chancery · 1848
- Huiskamp v. Moline Wagon Co.Supreme Court of the United States · 1887
- Reyburn v. MitchellSupreme Court of Missouri · 1891
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3Cited by23 opinions
- Humphreys-Mexia Co. v. GammonTexas Supreme Court · 1923
- Sargent v. BlakeCourt of Appeals for the Eighth Circuit · 1908
- Thayer v. HumphreyWisconsin Supreme Court · 1895
- Noyes v. RossMontana Supreme Court · 1899
- Hemm v. JuedeMissouri Court of Appeals · 1910
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