McKnight v. McCutchen
Supreme Court of Missouri
Appeal from St. Louis Cowl of Common Pleas. I. One partner can not maintain assumpsit against another partner whilst the partnership concerns remain unadjusted. (Thompson v. Elliott, 5 Mo. 118; Springer v. Cabell, 10 Mo. 640 ; Murray v. Bogert, 14 Johns. 318 ; 17 Johns. 80 ; 11 La. 681; 2 La. Ann. 154, 277; Rice’s Dig. 75.)
1Opinion of the CourtRichardson, Judge
The plaintiff’s petition is almost as general as the common counts in an action of assumpsit. The defendant denied all the allegations in the petition, and set up as a set-off a balance alleged to be due him on account of partnership transactions between him and the plaintiff. The cause was tried by a jury. It appeared on the trial that there had been a partnership between the parties in a mercantile adventure to New Mexico ; that there was a loss on it, and that the defendant was indebted to the plaintiff, but there never was any settlement between them, or a promise by the defendant to pay…
2Cases cited3 opinions
- Byrd v. FoxSupreme Court of Missouri · 1844
- Springer v. CabellSupreme Court of Missouri · 1847
- Stothert v. KnoxSupreme Court of Missouri · 1838
3Cited by7 opinions
- Scott v. CaruthSupreme Court of Missouri · 1872
- Gilliam v. LoebMissouri Court of Appeals · 1908
- Rankin v. FairleyMissouri Court of Appeals · 1888
- Feurt v. BrownMissouri Court of Appeals · 1886
- Wright v. RadcliffeMissouri Court of Appeals · 1895
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