Feurt v. Brown
Missouri Court of Appeals
Appeal from Gentry Circuit Court, Hon. Chas. H. S. Goodman, Judge. The case and facts are stated in the opinion. I. Only one item remaining unadjusted between them, one partner may sue his co-partners at law therefor. Buclcner v. Bees, 34 Mo. 337; Bussell v. Grimes, 46 Mo. 410; Bethel v. Banlcin, 57 Mo. 466. Such an action also lies on the express promise evidenced by the note sued on.
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Appeal from Gentry Circuit Court, Hon. Chas. H. S. Goodman, Judge. The case and facts are stated in the opinion. I. Only one item remaining unadjusted between them, one partner may sue his co-partners at law therefor. Buclcner v. Bees, 34 Mo. 337; Bussell v. Grimes, 46 Mo. 410; Bethel v. Banlcin, 57 Mo. 466. Such an action also lies on the express promise evidenced by the note sued on. Crate v. Bininger, 45 N. Y. 545; Venning v. Luclcie, 13 East. 7. And the general presumption of law, that all paper upon which the signature of the firm has been put by a partner is firm paper given in the…
1Opinion of the CourtEllison, J.
This is an action on a promissory note. The petition alleges the death of Benjamin G. Kim-ball, the payee, and the appointment of plaintiff as his executor. It also states that Kimball and these defendants were partners doing business- as wholesale lumber dealers at various points in Northwest Missouri. That the firm executed the note to said Kimball, a member thereof, by which they promised to pay him six months after date, etc. It further alleges a settlement of all the partnership affairs, with the exception of the note sued on, which was, by mutual agreement, left unadjusted. The prayer…
2Cases cited7 opinions
- Buesching v. St. Louis Gaslight Co.Supreme Court of Missouri · 1880
- Deardorf's Administrator v. ThacherSupreme Court of Missouri · 1883
- Buckner v. RiesSupreme Court of Missouri · 1864
- Scott v. CaruthSupreme Court of Missouri · 1872
- Russell v. GrimesSupreme Court of Missouri · 1870
2 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Mills v. GrayUtah Supreme Court · 1917
- Feurt v. AmbroseMissouri Court of Appeals · 1889
- Randall v. LeeMissouri Court of Appeals · 1897
- Stevens v. McLachlanMichigan Supreme Court · 1899
- Baldwin v. WalserMissouri Court of Appeals · 1890
1 more not listed; retrieve them via the Exa API.