Powell Hardware Co. v. Mayer
Missouri Court of Appeals
Appeal from Jackson Circuit Court. — How. W. B. Teasdale, Judge. (1) At best the Powell Hardware Co. were merely guarantors without being requested to be so and under no circumstances could they recover in a case of this kind. (2) Prom the evidence in this case, it is clear that this was a non-trading copartnership.
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Appeal from Jackson Circuit Court. — How. W. B. Teasdale, Judge. (1) At best the Powell Hardware Co. were merely guarantors without being requested to be so and under no circumstances could they recover in a case of this kind. (2) Prom the evidence in this case, it is clear that this was a non-trading copartnership. If this is true that this was a non-trading copartnership, in order that the defendants be bound, then all of the instructions given in behalf of the plaintiff are erroneous and the court should have given a peremptory instruction for defendant. Deardorff v. Thatcher, 78 Mo. 132;…
1Opinion of the CourtEllison, J.
— Plaintiff was a mercantile corporation engaged in the hardware business and defendants composed a non-trading partnership interested in procuring a patent for a motor car and in constructing a model car to illustrate and show the value, utility and practicability of the proposed patent. R. J. Powell was secretary of the plaintiff corporation and president of the defendant partnership. Plaintiff claimed that Powell drew out money of the plaintiff corporation and used it in the necessary expenses of constructing the motor car and procuring a patent and brought this action for money had and…
2Cases cited6 opinions
- Stephens v. . Board of EducationNew York Court of Appeals · 1879
- Hatch v. Fourth National BankNew York Court of Appeals · 1895
- Smith v. Des Moines National BankSupreme Court of Iowa · 1899
- Lyons v. MurraySupreme Court of Missouri · 1888
- Bambrick v. SimmsSupreme Court of Missouri · 1895
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3Cited by4 opinions
- Dolan v. DolanSupreme Court of Connecticut · 1928
- Boonville National Bank v. ThompsonSupreme Court of Missouri · 1936
- Sanborn v. First National BankMissouri Court of Appeals · 1905
- Wells v. WellsMissouri Court of Appeals · 1926