Legal Opinion

Short v. Taylor

Supreme Court of Missouri

Decided February 9, 1897PublishedCited by 23 opinions

Appeal from Saline Circuit Court. — Hon. Richaed Field, Judge. (1) The judgment should be reversed because the finding of facts is contrary to the evidence in the case. Blount v. Spratt, 113 Mo. 48; McElroy v. Maxwell, 101 Mo. 294. (2) The judgment in the case of Taylor v. Short, rendered on stipulation of the parties is not res judicata. It certainly does not conclude the defendant from denying that the mill property belonged to him and plaintiff as partners.

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Appeal from Saline Circuit Court. — Hon. Richaed Field, Judge. (1) The judgment should be reversed because the finding of facts is contrary to the evidence in the case. Blount v. Spratt, 113 Mo. 48; McElroy v. Maxwell, 101 Mo. 294. (2) The judgment in the case of Taylor v. Short, rendered on stipulation of the parties is not res judicata. It certainly does not conclude the defendant from denying that the mill property belonged to him and plaintiff as partners. Freeman on Judgments [3 Ed.], secs. 257, 258. (3) There was manifest error in holding that the mill property belonged to a partnership…

1Opinion of the CourtBarclay, P. J.

The case is for an account between the parties to the suit as partners and for judgment for plaintiff’s share. The defenses consist of a ■denial of the alleged partnership and a plea of a former adjudication of plaintiff’s claim.

The cause went (without objection) to referees for trial of all the issues and a statement of the account.

The plaintiff’s testimony tended to prove that in 1882 the defendant, Mr. Wm. M. Taylor, and Mr. Holmes were partners .and owners of a flour mill in Saline county; that about the last of February of that year, plaintiff, Mr. L. D. Short, purchased the interest of…

2Cases cited1 opinion

  1. Hunter v. WhiteheadSupreme Court of Missouri · 1868

3Cited by23 opinions

  1. McDougal v. McDougalMissouri Court of Appeals · 1955
  2. Landers v. SmithMissouri Court of Appeals · 1964
  3. Allstate Insurance Company v. Tonja Blount Nathan Smith Andrew J. Grimes Barbara Grimes Mitchell Y. ChoiCourt of Appeals for the Eighth Circuit · 2007
  4. Farmers & Fruit-growers' Bank v. DavisOregon Supreme Court · 1919
  5. Casler v. ChaseSupreme Court of Missouri · 1901

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