Tribble v. Halbert
Missouri Court of Appeals
Appeal from Laclede Circuit Court. — Hon. L. B. Wood-side, Judge. (1) • It was incumbent upon the plaintiff, having alleged a partnership liability, to prove a partnership contract; and not a joint liability by operation of law. Dempsey v. Harrison, 4 Mo. 267; Campbell v. Hood, 6 Mo. 211. (2) When a corporation, as in this case, has been lawfully formed, the stockholders are not partners, even among themselves, unless the governing statutes have made them so.
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Appeal from Laclede Circuit Court. — Hon. L. B. Wood-side, Judge. (1) • It was incumbent upon the plaintiff, having alleged a partnership liability, to prove a partnership contract; and not a joint liability by operation of law. Dempsey v. Harrison, 4 Mo. 267; Campbell v. Hood, 6 Mo. 211. (2) When a corporation, as in this case, has been lawfully formed, the stockholders are not partners, even among themselves, unless the governing statutes have made them so. Baber v. Backus, 32 111. 79; Bank v. Hall, 35 Ohio 158. (3) When the Legislature has failed to declare that the agents making such…
1Opinion of the CourtCox, J.
Plaintiff is a nurseryman at Billings, Missouri, and, in his petition, alleges that the defendants are partners engaged in the orchard business in Laclede county, Missouri, and that as partners had purchased certain apple trees from plaintiff, by contract in writing, and have refused to pay for the same. William C. Carroll, F. M. Carroll, and H. ,S. Halbert filed answer, which was a general denial, and William C. Carroll filed an affidavit denying the partnership. Trial was had by the court, who found for the plaintiff, and against William C. Carroll and H. S. Halbert, and rendered judgment…
Also in this document: Concurrence.
2Cases cited10 opinions
- State ex rel. Title Guaranty & Trust Co. v. BroaddusSupreme Court of Missouri · 1908
- United Shoe Machinery Co. v. RamloseSupreme Court of Missouri · 1908
- First National Bank v. RockefellerSupreme Court of Missouri · 1906
- State v. CrosswhiteSupreme Court of Missouri · 1906
- Parlin & Orendorff Co. v. BoatmanMissouri Court of Appeals · 1900
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3Cited by3 opinions
- Peacock Coal Co. v. Gaines Coal Co.Supreme Court of Iowa · 1928
- Central Coal & Coke Co. v. Optimo Lead & Zinc Co.Missouri Court of Appeals · 1911
- Service Drywall Supply, Inc. v. SharpMissouri Court of Appeals · 1992