Filbrun v. Ivers
Supreme Court of Missouri
Appeal from, Gape Girardeau Circuit Court. — Hon J. D. Foster, Judge. (1) The relations of plaintiff and the defendant to each other being that of partners, the utmost good faith was required of them in all business transactions pertaining to the partnership; each was trustee for the other in the management of the partnership affairs. 1 Story’s Eq.
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Appeal from, Gape Girardeau Circuit Court. — Hon J. D. Foster, Judge. (1) The relations of plaintiff and the defendant to each other being that of partners, the utmost good faith was required of them in all business transactions pertaining to the partnership; each was trustee for the other in the management of the partnership affairs. 1 Story’s Eq. Jur. [8 Ed.] secs 321, 322, 323; Story on Part. [5 Ed.] secs. 174, 348; Jamison v. Glasscock, 29 Mo. 191; Pomeroy v. Benton, 57 Mo. 531. And this relation of trust is not terminated by a dissolution, but continues till a final adjustment of the…
1Opinion of the CourtRat, J.
This action was brought to settle the mercantile partnership entered into between plaintiff and defendant in 1863, under the name and style of Filbrun & Ivers, and continued until July, 1880, when the same was dissolved. Plaintiff, Filbrun, at this date went out, leaving defendant, Ivers, in possession and control of' the store, goods, notes, book accounts, etc. There was no adjustment of the accounts of said firm, or of the individual accounts of plaintiff and defendant with said firm at the time of said dissolution. Defendant, Ivers,, continued, from said July, 1880, to carry on the…
2Cases cited1 opinion
- Pomeroy v. BentonSupreme Court of Missouri · 1874
3Cited by13 opinions
- Schneider v. SchneiderSupreme Court of Missouri · 1941
- Schroer v. SchroerSupreme Court of Missouri · 1952
- Schoeller v. SchoellerMissouri Court of Appeals · 1973
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- Bass v. DaetwylerMissouri Court of Appeals · 1957
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