Henry v. Mahone
Missouri Court of Appeals
Appeal from Jackson Circuit Court, Hon. Turner A. Hill, Judge. Statement of case by tlie court. . On and prior to January 1, 1882, the plaintiffs and one Samuel B. Barker, were partners, doing business' under the firm name of Henry, Barker & Coatsworth. •On January 1, 1882, Barker retired from the firm, and assigned all his interest in the account sued on to the plaintiffs, who continued the business of the firm under the firm name of Henry Brothers & Coatsworth.
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Appeal from Jackson Circuit Court, Hon. Turner A. Hill, Judge. Statement of case by tlie court. . On and prior to January 1, 1882, the plaintiffs and one Samuel B. Barker, were partners, doing business' under the firm name of Henry, Barker & Coatsworth. •On January 1, 1882, Barker retired from the firm, and assigned all his interest in the account sued on to the plaintiffs, who continued the business of the firm under the firm name of Henry Brothers & Coatsworth. Prior to Barker’s retirement, the firm of Henry,. Barker & Coatsworth, had contracted with the defendant,. W. T. Mahone, to furnish…
1Opinion of the CourtHall, J.
The firm of Henry, Barker & Coatsworth was dissolved by the mutual consent of its members. Such was the effect of the retirement of Barker from said firm. Henry Brothers & Coatsworth became the successors of Henry, Barker & Coatsworth, and continued to furnish materials to defendant Mahone, under the *87.original contract between Mm and the first firm. The continuity of the running account was broken by the dissolution of the original firm. Gerard B. Allen & Co. v. The Smelting Co., 73 Mo. 693.
It required a new contract, either express or implied, between Mahone and the new firm of Henry…
2Cases cited2 opinions
- Gerard B. Allen & Co. v. Frumet Mining & Smelting Co.Supreme Court of Missouri · 1881
- Livermore v. WrighSupreme Court of Missouri · 1862
3Cited by8 opinions
- Miller v. HoffmanMissouri Court of Appeals · 1887
- Kearney v. WurdemanMissouri Court of Appeals · 1889
- Greever v. BarkerMissouri Court of Appeals · 1920
- Berkshire Lumber Co. v. J. S. Chick Investment Co.Missouri Court of Appeals · 1913
- W. T. Bailey Lumber Co. v. Eveleth Elks Building Corp.Supreme Court of Minnesota · 1926
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