Missouri Bottlers' Ass'n v. Fennerty
Missouri Court of Appeals
Appeal from the Circuit Court of City of St. Louis. — Hon. Leroy B. Valliant, Judge. ' (1) The voluntary association was not such an association of individuals for profit and gain as to constitute the members thereof partners as to each other.
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Appeal from the Circuit Court of City of St. Louis. — Hon. Leroy B. Valliant, Judge. ' (1) The voluntary association was not such an association of individuals for profit and gain as to constitute the members thereof partners as to each other. To constitute a partnership there must be such a community of interest as empowers each party to make contracts, incur liabilities, manage the whole business, and dispose of the whole property of the partnership for its purposes, in the same manner and with the same powers as all the partners could when acting together. Bank v. Outhvraite, 50 Mo. App.…
1Opinion of the CourtBland, P. J.
The suit was begun 'before a justice of the peace in the city of St. Louis on an account aggregating $222.25. When the cause reached the circuit court, the case was by mutual consent of parties, referred to J. Hugo Grimm, Esq., as referee, under the order of referee Grimm heard the testimony and made the following report to- the court, transmitting therewith the testimony produced on the hearing before him, -to wit:
*529“The facts in this case are practically undisputed and are substantially as follows:
“Beginning at a time prior to August, 1895, and continting up to April, 1896, there existed an…
2Cases cited13 opinions
- Belton v. . HatchNew York Court of Appeals · 1888
- McMahon v. . RauhrNew York Court of Appeals · 1871
- Osceola Tribe, No. 11 v. SchmidtCourt of Appeals of Maryland · 1881
- Karcher v. Supreme Lodge Knights of HonorMassachusetts Supreme Judicial Court · 1884
- Burke v. RoperSupreme Court of Alabama · 1885
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3Cited by10 opinions
- Fleming v. FlemingSupreme Court of Iowa · 1919
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- State Ex Rel. Hadley v. Kansas City Live Stock ExchangeSupreme Court of Missouri · 1908
- Meinhart v. DraperMissouri Court of Appeals · 1908
- Farrar v. MessmerMissouri Court of Appeals · 1963
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