Cramer v. Bachmann
Supreme Court of Missouri
Appeal from Cape Girardeau Court of Common Pleas.— Hon. H. G. Wilson, Judge. cited Lewis v. Moffett, 11 111. 398; Marsh’s Appeal, 69 Pa. St., 30; Bradford v. Kimberly, 3 Johns. Ch. 431, and Story on Partnership, § 182. It is well settled that one partner is not entitled, as against the other partners or the firm, to any compensation, commission or reward for his skill, labor or services employed in the partnership business, unless there be an express agrément to that effect.
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Appeal from Cape Girardeau Court of Common Pleas.— Hon. H. G. Wilson, Judge. cited Lewis v. Moffett, 11 111. 398; Marsh’s Appeal, 69 Pa. St., 30; Bradford v. Kimberly, 3 Johns. Ch. 431, and Story on Partnership, § 182. It is well settled that one partner is not entitled, as against the other partners or the firm, to any compensation, commission or reward for his skill, labor or services employed in the partnership business, unless there be an express agrément to that effect. Story on Partnership, (5 Ed.) § 182, and cases cited in note 5 ; Ibid, § 185, and cases cited; Parsons on Contracts,…
1Opinion of the CourtSherwood, C. J.
Plaintiff brought suit in 1875 against defendant for dissolution of the partnership existing between them, under the name and style of Bachmann & Co., formed in 1866, and also for an account to be had and taken.
A referee being appointed, took an account and made report, which was approved, except in one particular, which was the allowance rendered of compensation to the defendant for services to the firm of which he was a member, there being no articles of co-partnership, and no written or express agreement for the allowance of such compensation, and as is agreed, the correctness of this…
2Cases cited2 opinions
- Reily v. RussellSupreme Court of Missouri · 1864
- Bradford v. Kimberly & BraceNew York Court of Chancery · 1818
3Cited by7 opinions
- Rains v. WeilerSupreme Court of Kansas · 1917
- Emerson v. DurandWisconsin Supreme Court · 1885
- Warren v. WarrenMissouri Court of Appeals · 1990
- Shelton v. St. Louis & San Francisco RailroadMissouri Court of Appeals · 1908
- Hoag v. AldermanMassachusetts Supreme Judicial Court · 1903
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