Watts v. Pierson
Missouri Court of Appeals
Appeal from Jackson Circuit Court. — Hon. 0. A. Lucas, Judge. (1) The existence of a copartnership is largely a matter of intention to he gathered from the instrument evidencing the relation of the parties thereto, and their conduct thereunder. Torbert v. Jeffrey, 161 Mo. 654; Beller v. Murphy, 139 Mo. App. 663; Mingus v. Bank, 136 Mo. App. 407. (2) Participation in the profits of a business raises the presumption of a partnership. Sawyer v. Burris, 141 Mo.
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Appeal from Jackson Circuit Court. — Hon. 0. A. Lucas, Judge. (1) The existence of a copartnership is largely a matter of intention to he gathered from the instrument evidencing the relation of the parties thereto, and their conduct thereunder. Torbert v. Jeffrey, 161 Mo. 654; Beller v. Murphy, 139 Mo. App. 663; Mingus v. Bank, 136 Mo. App. 407. (2) Participation in the profits of a business raises the presumption of a partnership. Sawyer v. Burris, 141 Mo. App. 117; Tam-blyn v. Scott, 111 Mo.' App. 50. (3) The evidence in the case aids the presumption above referred to that M. F. and J. J.…
1Opinion of the Court
ELLISON, P. J. —
This action was brought to recover damages to plaintiffs for failure on part of defendants to comply with their contract in relation to a lot of sheep and goats. There was a verdict in the trial conrt for the plaintiffs. Defendants filed a motion for new trial which was sustained, and plaintiffs appealed.
M. F. Watts and J. J. Watts were brothers, the former residing in St. Louis and the latter on a farm in Howard county owned by the former. This action was originally brought in the name of J. J. Watts. Afterwards M. F. Watts was made a plaintiff and af-terwards J. J. Watts…
2Cases cited6 opinions
- Metropolitan Lead & Zinc Mining Co. v. WebsterSupreme Court of Missouri · 1906
- Herndon v. LewisSupreme Court of Missouri · 1903
- Karnes v. WinnMissouri Court of Appeals · 1907
- Baughman v. FultonSupreme Court of Missouri · 1897
- Canterbury v. Kansas CityMissouri Court of Appeals · 1908
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