Evangelical Synod of North America v. Sohoeneich
Supreme Court of Missouri
Appeal from St. Charles Circuit Court. — Hon. E. M. Hughes, Judge. (1) The court admitted improper evidence offered by plaintiff. Upon dissolution of a partnership the power of partners to bind the firm, by contract or admissions, ceases. Greenl. Ev., sec. 112; Story on Part., secs. 107,323; Brady v. Rill, 1 Mo. 315; Popev.
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Appeal from St. Charles Circuit Court. — Hon. E. M. Hughes, Judge. (1) The court admitted improper evidence offered by plaintiff. Upon dissolution of a partnership the power of partners to bind the firm, by contract or admissions, ceases. Greenl. Ev., sec. 112; Story on Part., secs. 107,323; Brady v. Rill, 1 Mo. 315; Popev. Bisley, 23 Mo. 185; Bowzelot v. Rawlings, 58 Mo. 75; Fowler v. Helm, 29 Mo. 324; Little v. Ferguson, 11 Mo. 598. (2) The plaintiff is bound by the judgment of the probate court, on the demand presented by Rev. Wobus, their treasurer. Nansen v. Jacobs, 93 Mo. 331. Wobus was…
1Opinion of the CourtBurgess, J.
This is a proceeding in equity by which it is sought to charge the partnership estate of S. H. Merten & Company with a lien amounting to $3,000 and interest, alleged to have been plaintiff’s money, and to have been converted by said company.
The firm of S. H. Merten & Company was composed of Stephen H. Merten, John F. Haekmann and William Haekmann. The firm did a general milling business for about twenty years in the city of St. Charles, and was dissolved by the death of John F. Haekmann on the eighteenth day of September, 1893. On the twenty-seventh of September, 1893, the defendant, Henry J.…
2Cases cited43 opinions
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- Matter of Cavin v. . GleasonNew York Court of Appeals · 1887
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- Peak v. EllicottSupreme Court of Kansas · 1883
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3Cited by25 opinions
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- Bartlett v. McCallisterSupreme Court of Missouri · 1926
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