Legal Opinion

Mack v. Wurmser

Supreme Court of Missouri

Decided June 16, 1896PublishedCited by 5 opinions

Appeal from Jackson Circuit Court. — Hon. John W. Henry, Judge. (1) The decree is not supported by any evidence and is against the evidence. Plaintiff’s evidence repeated and reiterated was that he had purchased a one eighth partnership'; that he had bought one eighth of the real estate and all the assets. Defendant’s evidence is t-hat plaintiff had for this $5,000 purchased one eighth of the profits and this $4,000 guaranty.

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Appeal from Jackson Circuit Court. — Hon. John W. Henry, Judge. (1) The decree is not supported by any evidence and is against the evidence. Plaintiff’s evidence repeated and reiterated was that he had purchased a one eighth partnership'; that he had bought one eighth of the real estate and all the assets. Defendant’s evidence is t-hat plaintiff had for this $5,000 purchased one eighth of the profits and this $4,000 guaranty. The competent evidence all substantiated the claim of the defendant. The court by this decree overthrew all this and made a contract for the parties that neither of them…

1Opinion of the CourtGantt, P. J.

The original petition in this case was a suit to dissolve a partnership between plaintiff and defendant in an extensive furniture stock and business in Kansas City, Missouri, and prayed for an accounting and the appointment of a receiver. The partnership was denied by the defendant in his answer.

The claim that there was a partnership and the right of recovery in this action grows out of the following instrument:

‘‘Kansas City, Mo., January 10, 1888.

“It is hereby agreed between the undersigned that in consideration of Julius S. Mack contributing $5,000 to the firm of A. C. Wurmser & Co. he is…

2Cases cited1 opinion

  1. Ingraham v. DyerSupreme Court of Missouri · 1894

3Cited by5 opinions

  1. Ellsworth College v. CarletonSupreme Court of Iowa · 1916
  2. Campbell v. BoyersSupreme Court of Missouri · 1912
  3. Bigham v. TinsleyMissouri Court of Appeals · 1910
  4. Minor v. GarhartMissouri Court of Appeals · 1906
  5. Crowell v. Metta.Missouri Court of Appeals · 1923

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