Clark v. Huffaker's Administrator
Supreme Court of Missouri
Error to Jackson Circuit Court. This was an action upon two promissory notes against C. M. Smith and Charles H. Thornton, administrator of F. W. Huffaker, deceased. The notes were alleged to have been executed by Smith and Huffaker as partners, under the name and style of “ C. M. Smith.” Default was taken against Smith. Thornton answered. To show that Huffaker was a partner of Smith, plaintiffs introduced in evidence declarations made by said Huffaker.
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Error to Jackson Circuit Court. This was an action upon two promissory notes against C. M. Smith and Charles H. Thornton, administrator of F. W. Huffaker, deceased. The notes were alleged to have been executed by Smith and Huffaker as partners, under the name and style of “ C. M. Smith.” Default was taken against Smith. Thornton answered. To show that Huffaker was a partner of Smith, plaintiffs introduced in evidence declarations made by said Huffaker. To disprove the alleged partnership defendant offered in evidence declarations made by Smith and Huffaker. They were rejected by the court.…
1Opinion of the CourtScott, Judge
It is not easy to perceive any principle which makes the acts or declarations of Smith evidence for Thornton, the administrator of Huffaker. If two are jointly sued, where is the rule which allows the acts or declarations of one to affect the other before there is first established some privity between them by contract, by crime, or in law. So far from any thing like that being the case here, the declarations of one party to the suit are offered to show that there was no such relation *266between him and his co-defendant as would make his declarations evidence. If two are sued as partners, can…
2Cited by4 opinions
- Wilt v. MoodySupreme Court of Missouri · 1953
- Oil Well Supply Co. v. MetcalfMissouri Court of Appeals · 1913
- Commerce Trust Co. v. LangleySupreme Court of Missouri · 1928
- Keim & McMillan Hardware Co. v. WilliamsMissouri Court of Appeals · 1911