Rainwater v. Burr
Missouri Court of Appeals
Appeal from the St. Louis City Circuit Court. — Hon. Jacob Klein, Judge. (1) The court committed error in admitting the testimony of Rainwater to the effect that, when he sold the goods in dispute to H. B. Burr, he represented to him that appellant, George Burr, was his partner. Cole v. Butler, 24 Mo. App. 76; Bates on Partnership, sec. 95; Bimel v. Hayes, 83 Mo. 200; Campbell v. Hastings, 29 Ark. 526; Thompson v. Banlc, 111 IT.
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Appeal from the St. Louis City Circuit Court. — Hon. Jacob Klein, Judge. (1) The court committed error in admitting the testimony of Rainwater to the effect that, when he sold the goods in dispute to H. B. Burr, he represented to him that appellant, George Burr, was his partner. Cole v. Butler, 24 Mo. App. 76; Bates on Partnership, sec. 95; Bimel v. Hayes, 83 Mo. 200; Campbell v. Hastings, 29 Ark. 526; Thompson v. Banlc, 111 IT. S. 529. (2) The court committed error in admitting the testimony of Thompson and Evans that was objected to by appellant. Benedict v. Davis, 2 McLean, 347; Bates…
1Opinion of the CourtBiggs, J.
The plaintiffs sued the defendants, H. B. and George C. Burr,, for goods sold and deliv*470ered. It was alleged that at the time of the sale of the goods the defendants were, and for some time previous thereto had been, conducting a gents’ furnishing goods business in the city of Dallas, Texas, under the firm name of H. B. Burr & Bro. H. B. Burr made no defense. George O. Burr filed a separate answer under oath, in which he put in issue the alleged existence of a partnership between him and his brother. This was the only issue tried. The court, sitting as a jury, found in favor of the plaintiffs,…
2Cases cited6 opinions
- Campbell v. DentSupreme Court of Missouri · 1873
- Rimel v. HayesSupreme Court of Missouri · 1884
- Folk v. WilsonCourt of Appeals of Maryland · 1864
- Mulford v. CæsarMissouri Court of Appeals · 1893
- Hilton v. . McDowellSupreme Court of North Carolina · 1882
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