Feurt v. Ambrose
Missouri Court of Appeals
Appeal from the Gentry Circuit Court. — Hon. C. n. S. Goodman, Judge. (1) The verdict is against the evidence. Plaintiff failed to introduce any evidence tending to show that the proceeds of the note in suit went into the business of the firm, or that the firm derived any benefit therefrom. (2) The court erred in giving instruction numbered 1 for plaintiff.
Read the full summary
Appeal from the Gentry Circuit Court. — Hon. C. n. S. Goodman, Judge. (1) The verdict is against the evidence. Plaintiff failed to introduce any evidence tending to show that the proceeds of the note in suit went into the business of the firm, or that the firm derived any benefit therefrom. (2) The court erred in giving instruction numbered 1 for plaintiff. In it the jury are told that “ they ought to presume that the proceeds of said note was used in the course of the partnership business, and they should continue to indulge such presumption until the contrary is shown by the defendants, by…
1Opinion of the CourtSmith, P. J.
This case comes here by appeal from the circuit court of Gentry county where the plaintiff had judgment.
The record before us discloses that B. G. Kimball, A. P. Ambrose and P. M. Brown were engaged in the lumber business under the firm name of Ambrose, Brown & Co., with Mr. Kimball acting as the cashier and treasurer, and keeping the cash books and looking after the financial management of the firm. Upon his death the eight-hundred dollar note in controversy is found among his papers, and this suit instituted to recover two-thirds of the amount; that this note is in the handwriting of B. G.…
2Cases cited16 opinions
- Commonwealth v. ChoateMassachusetts Supreme Judicial Court · 1870
- Heinemann v. . HeardNew York Court of Appeals · 1875
- Pomeroy v. BentonSupreme Court of Missouri · 1874
- Cadwallader v. WestSupreme Court of Missouri · 1871
- Bogie v. NolanSupreme Court of Missouri · 1888
11 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Hyer v. Holmes & Co.Court of Appeals of Georgia · 1913
- Brown v. TourtelotteSupreme Court of Colorado · 1897
- Bunker v. HiblerMissouri Court of Appeals · 1892
- Dorrell v. SparksMissouri Court of Appeals · 1910
- Edmonston v. HenryMissouri Court of Appeals · 1891
6 more not listed; retrieve them via the Exa API.