Freeman v. Hemenway
Missouri Court of Appeals
Appeal from the Jasper Circuit Court. — Hon. J. D. Perkins, Judge. (1) The firm of Diveley & Company, in which respondent'was a partner, was a mining partnership, and it was not dissolved by the sale of Diveley of Ms and Jarvis’ interest to appellants, who immediately .became partners with respondent. Consent is not necessary to form a mining copartnership, the purchaser of an interest in the firm business and property, becomes immediately a partner.
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Appeal from the Jasper Circuit Court. — Hon. J. D. Perkins, Judge. (1) The firm of Diveley & Company, in which respondent'was a partner, was a mining partnership, and it was not dissolved by the sale of Diveley of Ms and Jarvis’ interest to appellants, who immediately .became partners with respondent. Consent is not necessary to form a mining copartnership, the purchaser of an interest in the firm business and property, becomes immediately a partner. There is no delectus personarum in a mining partnership. Snyder v. Burn-ham, 77 Mo. 52; Bates on Partnership, 163. If the respondent at the time…
1Opinion of the Court
Smith, P. J. —
statement. This is an action to recover damages for the conversion of certain mining machinery, tools and appliances. There was a trial by the court without the intervention of a jury which resulted in judgment for plaintiff, and defendants appealed. The court as requested by defendants made a special finding of the facts in the case and stated its conclusions of law therein. And since the defendant’s abstract does not set forth the evidence adduced at the trial we must presume the facts to be as the court found them. Our examination of the case will therefore be restricted to…
2Cases cited5 opinions
- Wilson v. ReedNew York Supreme Court · 1808
- McCoy v. HyattSupreme Court of Missouri · 1883
- Snyder v. BurnhamSupreme Court of Missouri · 1882
- Weise v. MooreMissouri Court of Appeals · 1886
- Sharp v. BenoistMissouri Court of Appeals · 1879
3Cited by5 opinions
- Blum, Admr. v. FrostMissouri Court of Appeals · 1938
- Joplin Supply Co. v. WestMissouri Court of Appeals · 1910
- Sturm v. UlrichCourt of Appeals for the Eighth Circuit · 1925
- Kuser v. CookeNew Jersey Court of Chancery · 1933
- Day v. StaffordMissouri Court of Appeals · 1908