Cinnamond v. Greenlee
Supreme Court of Missouri
APPEAL from St. Louis Court of Common Pleas. 1. That Davis '& Cinnamond, Greenlee & Logan, were part owners and tenants in common oí the steamboat Lighter, and not partners. Colye'r on Partnership, 666, 682, 688. 2. The plaintiff having paid, of his own money, debts incurred in the construction of the boat, which, under the terms of their original agreement, were to have been paid by the defendant, (who was also a part owner) may maintain assumpsit to recover it back.
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APPEAL from St. Louis Court of Common Pleas. 1. That Davis '& Cinnamond, Greenlee & Logan, were part owners and tenants in common oí the steamboat Lighter, and not partners. Colye'r on Partnership, 666, 682, 688. 2. The plaintiff having paid, of his own money, debts incurred in the construction of the boat, which, under the terms of their original agreement, were to have been paid by the defendant, (who was also a part owner) may maintain assumpsit to recover it back. An action of law will lie even between partners for breach of the articles of association. Gow on Partnership, 70-1-2; 13…
1Opinion of the CourtMcBride, J.
David Cinnamond instituted his action of assumpsit in the Court of Common Pleas of St. Louis county, against Thomas Greenlee, and on making affidavit that the defendant was a non-resident of this State, an attachment was issued, and the steamboat Lighter, with her tackle, apparel and furniture, was attached as the property of said defendant.— The defendant pleaded non-assumpsit. A trial was had at the October term, 1844, when the plaintiff recovered judgment for $236 99; whereupon the defendant moved for and obtained a new trial. The plaintiff then had leave to amend his declaration.
The…
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