Selden v. Hall
Missouri Court of Appeals
Error to Jackson Circuit Court, Hon. E. M. Black, Judge. Statement of case by the court. This is an action against defendant, as a partner of the late firm of G-lessner & Ross, who were manufacturers of crackers, and to which firm plaintiff sold large quantities of flour. The defendant defended on the ground that the firm, was a limited partnership, under our statutes relating to that subject, duly formed, and that he was a special partner in said firm.
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Error to Jackson Circuit Court, Hon. E. M. Black, Judge. Statement of case by the court. This is an action against defendant, as a partner of the late firm of G-lessner & Ross, who were manufacturers of crackers, and to which firm plaintiff sold large quantities of flour. The defendant defended on the ground that the firm, was a limited partnership, under our statutes relating to that subject, duly formed, and that he was a special partner in said firm. The plaintiff claimed that the provisions of the statute were not complied with in the formation of the partnership. This, was the issue…
1Dissent
Ellison, J.,
Dissenting. — I do not agree to any portion of the opinion of the majority. The fact that the statute is an important one and has not before been considered in this state, justifies me in giving my reasons for non-concurrence. If one desires to enter into a business association with others he may do so at his pleasure, but if he wishes to secure to himself certain *466exemptions not common to an ordinary partnership, he may do so only “upon the terms and subject to the conditions and liabilities in this chapter.” Section 3401. This statute “of limited partnerships ” is in derogation…
2Cases cited6 opinions
- United States v. FisherSupreme Court of the United States · 1805
- Durant v. . AbendrothNew York Court of Appeals · 1877
- Van Ingen v. . WhitmanNew York Court of Appeals · 1875
- Argall v. SmithCourt for the Trial of Impeachments and Correction of Errors · 1846
- Haggerty v. FosterMassachusetts Supreme Judicial Court · 1869
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