Gates v. Watson
Supreme Court of Missouri
Appeal from Jackson Circuit Court. I. The evidence in this case has just as much tendency to prove a partnership as in the ease of Rippey vs. Evans, 22 Mo., 157. II. It was not necessary to allege a partnership in plaintiffs’ petition. (See vs. Cox, 16 Mo., 167; Lessing vs. Sulzbacher35 Mo., 445 ; Smith vs. Cook, 31 Md., 174-5 ; Barry vs. Taylor, 1 Pet. 316-7; [Opinion of Chief Justice Marshall] Collyer Partn., § 715 ; Pars.
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Appeal from Jackson Circuit Court. I. The evidence in this case has just as much tendency to prove a partnership as in the ease of Rippey vs. Evans, 22 Mo., 157. II. It was not necessary to allege a partnership in plaintiffs’ petition. (See vs. Cox, 16 Mo., 167; Lessing vs. Sulzbacher35 Mo., 445 ; Smith vs. Cook, 31 Md., 174-5 ; Barry vs. Taylor, 1 Pet. 316-7; [Opinion of Chief Justice Marshall] Collyer Partn., § 715 ; Pars. Partn., 178.) I. The court committed no error in refusing to permit the witness Kendall to answer the question, “state whether you sold these goods on the faith of…
1Opinion of the CourtVories, Judge
This is an action to recover the price of goods alleged to have been sold and delivered by the plaintiffs to defendants-The petition states that the plaintiffs were partners, and as such sold and delivered goods to defendants; and is in the usual form. The answer of the defendants fails to deny that the plaintiffs were partners, but denies all other allegations in the petition, a trial was had before a jury. On the trial the evidence tended to prove that plaintiffs were partners engaged in selling boots and shoes in Kansas City, Mo.; that in the fall of the year 1868, defendants were engaged…
2Cases cited5 opinions
- Jones v. TullerSupreme Court of Missouri · 1866
- See v. CoxSupreme Court of Missouri · 1852
- Farmers' Bank of Missouri v. BaylessSupreme Court of Missouri · 1865
- Lessing v. SulzbacherSupreme Court of Missouri · 1865
- Rippey v. EvansSupreme Court of Missouri · 1855
3Cited by19 opinions
- Alcorn v. Chicago & Alton RailroadSupreme Court of Missouri · 1891
- Thompson v. WhiteSupreme Court of Colorado · 1898
- McCoy v. Kansas City, St. Joseph & Council Bluffs RailroadCourt of Appeals of Kansas · 1889
- Rimel v. HayesSupreme Court of Missouri · 1884
- Bissell v. WardeSupreme Court of Missouri · 1895
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