Bowen v. Epperson
Missouri Court of Appeals
Appeal from Jackson Circuit Court. — Hon. James H. glover, Judge. (1) Defendant Epperson’s two instructions in the nature of demurrers to plaintiff’s evidence at the close of plaintiff’s case and at the close of all the testimony should have been given. (2) Plaintiff’s first instruction singles out one feature of partnership, viz., profit sharing, and then directs the jury to infer from that a prima-facie partnership. This was clear error for the following reasons.
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Appeal from Jackson Circuit Court. — Hon. James H. glover, Judge. (1) Defendant Epperson’s two instructions in the nature of demurrers to plaintiff’s evidence at the close of plaintiff’s case and at the close of all the testimony should have been given. (2) Plaintiff’s first instruction singles out one feature of partnership, viz., profit sharing, and then directs the jury to infer from that a prima-facie partnership. This was clear error for the following reasons. (3) This instruction further directs the jury that if the defendants were prima-facie partners, each was bound by the obligations…
1Opinion of the CourtEllison, J.
Plaintiff instituted this action against the three defendants as partners. His claim is based on an account for photographs alleged to have been taken by him and furnished to defendants at their request. He obtained judgment in the circuit court for $489, and defendant Epperson alone appealed.
Each of the defendants filed an answer denying the partnership under oath. Defendant Epperson admitted getting photographs of the value of seven dollars, which sum he tendered and for which he offered to permit judgment. The principal controversy here relates to the attempt to make out defendant…
2Cases cited6 opinions
- Wojtylak v. Kansas & Texas Coal Co.Supreme Court of Missouri · 1905
- Rimel v. HayesSupreme Court of Missouri · 1884
- Bennett v. Goldenrod Mining Co.Missouri Court of Appeals · 1905
- Scholtz v. FreudMichigan Supreme Court · 1901
- Baer, Seasongood & Co. v. LismanMissouri Court of Appeals · 1900
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3Cited by4 opinions
- A. Graf Distilling Co. v. WilsonMissouri Court of Appeals · 1913
- Martin v. First National Bank in St. LouisSupreme Court of Missouri · 1949
- Carnie-Goudie Mfg. Co. v. CommissionerUnited States Board of Tax Appeals · 1930
- Ranney v. LewisMissouri Court of Appeals · 1914