Priest v. Chouteau
Supreme Court of Missouri
Appeal from, St. Louis Court of Appeals. (1) There was no partnership between DeBar, Chontean and Mrs. Wakefield. In this state a mere division of profits does not constitute a partnership. McCauley v. Cleveland, 21 Mo. 439; Gwinn v: Looker, 24 Mo. 292; Johnson v. Hoffman, 53 Mo. 505; Campbell v. Dent, 54 Mo. 325; Donnell v. Harshe, 67 Mo. 173; Musser v. Brink, 68 Mo. 249. (2) Even if the partnership existed the leasehold was not partnership property.
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Appeal from, St. Louis Court of Appeals. (1) There was no partnership between DeBar, Chontean and Mrs. Wakefield. In this state a mere division of profits does not constitute a partnership. McCauley v. Cleveland, 21 Mo. 439; Gwinn v: Looker, 24 Mo. 292; Johnson v. Hoffman, 53 Mo. 505; Campbell v. Dent, 54 Mo. 325; Donnell v. Harshe, 67 Mo. 173; Musser v. Brink, 68 Mo. 249. (2) Even if the partnership existed the leasehold was not partnership property. Except in 'the inventory by Mr. Chouteau it was always treated as property in common, not as partnership property. That property even bought…
1Opinion of the Court
Ewiítg-, C.
Plaintiff commenced an action of ejectment in the circuit court of St. Louis against the defendant to recover possession of the undivided half of a leasehold, estate in the property known as “Debar’s Grand Opera House. ’ ’ The answer sets up that on the fifteenth of June, 1877, and prior thereto defendant, Ben DeBar, and Alice Wakefield, through her trustee, Taylor, were partners under the style of “ DeBar’s Grand Opera House,” engaged in the business of running and managing a theatre on the premises, which was partnership property and used as such. That they were interested in…
2Cases cited10 opinions
- Pleasants v. FantSupreme Court of the United States · 1875
- Duryea v. BurtCalifornia Supreme Court · 1865
- Donnell v. HarsheSupreme Court of Missouri · 1877
- Campbell v. DentSupreme Court of Missouri · 1873
- Frink v. BranchSupreme Court of Connecticut · 1844
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3Cited by13 opinions
- Reyburn v. MitchellSupreme Court of Missouri · 1891
- Mansue-Tebbetts Implement Co. v. RitchieSupreme Court of Missouri · 1898
- Diamond Creek Consolidated Gold & Silver Mining Co. v. SwopeSupreme Court of Missouri · 1907
- Donham v. HahnSupreme Court of Missouri · 1895
- Holton v. GuinnU.S. Circuit Court for the District of Western Missouri · 1895
8 more not listed; retrieve them via the Exa API.