Shaw v. Gunby
Missouri Court of Appeals
Appeal from Linn. Circuit Court.—Hon. Fred Lamb, Judge. (1) The court erred in refusing to give demurrer asked by defendant. 30 Cyc. 511; Hukman v. Kunkle, 27 Mo. 326; Blake v. Bank, 219 Mo. 650. (2) A partner cannot execute a note in the name of the firm after its dissolution, even in renewal of a note of the firm, so as to bind any other partner or the firm.
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Appeal from Linn. Circuit Court.—Hon. Fred Lamb, Judge. (1) The court erred in refusing to give demurrer asked by defendant. 30 Cyc. 511; Hukman v. Kunkle, 27 Mo. 326; Blake v. Bank, 219 Mo. 650. (2) A partner cannot execute a note in the name of the firm after its dissolution, even in renewal of a note of the firm, so as to bind any other partner or the firm. Synod v. Schoeneich, 143 Mo. 652; Moore v. Lackman, 52 Mo. 323; Springer v. Cabell, 10 Mo. 640; Friendman v. Punch, 93 Mo. App. 464; Broughton v. Sumner, 80 Mo. App. 386; Seufert v. Grille, 230 Mo. 480; Bank v. Drew, 126 La. 1028; Long…
1Opinion of the CourtJohnson, J.
Plaintiff brought this suit in the circuit court of Livingston county June 18, 1914, upon the following negotiable promissory note:
“$500.00- Chillicothe, Mo., Jan. 26, 1911.
Three years after date I promise to pay to the order of K. A. Shaw five hundred and no/100 dollars. For value received, with seven per cent interest thereon from date which interest shall be due and payable annually; and if the interest thereon be not paid when due, the same shall hear interest at the rate of eight per cent per annum; negotiable and payable at the office of The Gunby Realty Co., Chillicothe, Mo., and if…
2Cases cited4 opinions
- Deardorf's Administrator v. ThacherSupreme Court of Missouri · 1883
- Third National Bank v. D. A. Faults & Co.Missouri Court of Appeals · 1905
- Adams v. LongAppellate Court of Illinois · 1904
- American Bonding Co. v. FultsMissouri Court of Appeals · 1911
3Cited by1 opinion
- Boonville National Bank v. ThompsonSupreme Court of Missouri · 1936