Rippey v. Evans
Supreme Court of Missouri
Appeal from St. Louis Circuit Court. This was an action to recover the value of certain lumber furnished to the defendants as partners, at their request, and particularly at the request of defendant, Dennis. No answer was filed by any defendant except Dennis, who denied that at any time he did business as a partner with the other defendants; that they alone were partners, and that he (Dennis) was their clerk.
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Appeal from St. Louis Circuit Court. This was an action to recover the value of certain lumber furnished to the defendants as partners, at their request, and particularly at the request of defendant, Dennis. No answer was filed by any defendant except Dennis, who denied that at any time he did business as a partner with the other defendants; that they alone were partners, and that he (Dennis) was their clerk. The cause was submitted to the court sitting as a jury, and the plaintiff introduced'proof showing that previous to the time the lumber was furnished, the other defendants, then doing…
1Opinion of the CourtScott, Judge
We see no reason to disturb the finding of the court. It seems to be warranted by the evidence, or at least there was evidence enough to support it. Nor does the finding discredit the evidence on the part of the defendants. As to them, Dennis may not have been a partner ; but nothing is more familiar than that persons, as between themselves, may not be partners, whilst they will be so considered as to third persons.
We see no variance between the proof and the cause of action as stated. The defendants were sued as partners, and the evidence conduces to establish the same fact. If Dennis held *159hi…
2Cited by3 opinions
- Gates v. WatsonSupreme Court of Missouri · 1874
- Citizens Bank of Laredo v. LowderMissouri Court of Appeals · 1910
- Jenkins v. DavisWisconsin Supreme Court · 1882