Kuhl v. Meyer
Missouri Court of Appeals
Appeal from the St. Louis City Circuit Court. — Hon. George W. Lubke, Judge. The demurrer proceeds uuon the theory that as the association in which the plaintiffs hold membership, and in behalf of which this suit is brought, is not an incorporated society, its members bear to each other the relation of partners ; and that regarding them as partners, they have no right of action against defendant to recover the money of the association in his hands, as a debt, due from him to…
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Appeal from the St. Louis City Circuit Court. — Hon. George W. Lubke, Judge. The demurrer proceeds uuon the theory that as the association in which the plaintiffs hold membership, and in behalf of which this suit is brought, is not an incorporated society, its members bear to each other the relation of partners ; and that regarding them as partners, they have no right of action against defendant to recover the money of the association in his hands, as a debt, due from him to the association, but must resort to a proceeding for a general winding up and accounting.. We submit that this theory…
1Opinion of the CourtRombauer, P. J.
The plaintiffs in their petition state, in substance, that that they are the sole remaining members of a voluntary unincorporated benevolent association. That the defendant was the duly elected treasurer of said association, and as such received eighty-two dollars in cash, and a negotiable promissory note for one hundred and fifty dollars, property of such association, which at the expiration of his term of office, he converted to his own use, wherefore they pray judgment.
The defendant demurred to this petition as stating no cause of action. The court sustained the demurrer and, upon…
2Cases cited1 opinion
- Miles v. DavisSupreme Court of Missouri · 1854
3Cited by9 opinions
- Swaine v. MillerMissouri Court of Appeals · 1897
- Kuhl v. MeyerMissouri Court of Appeals · 1890
- Clark v. Brotherhood of Locomotive FiremenMissouri Court of Appeals · 1903
- Kuehl v. MeyerMissouri Court of Appeals · 1892
- Colley v. WilsonMissouri Court of Appeals · 1900
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