Redenbaugh v. Kelton
Supreme Court of Missouri
Appeal from Newton Circuit Court. — Hon. J. C. Lamson, Judge. (1) The pretended sale was made by Codings without any authority, express or implied, from Redenbaugh, his partner, and said want of authority was known to the purchasers, Kelton and son.
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Appeal from Newton Circuit Court. — Hon. J. C. Lamson, Judge. (1) The pretended sale was made by Codings without any authority, express or implied, from Redenbaugh, his partner, and said want of authority was known to the purchasers, Kelton and son. Said sale was made by Codings to defraud Redenbaugh of Redenbaugh’s lien as partner, ón .the stock of goods, and Kelton and son had knowledge of Redenbaugh’s lien as partner on the goods, and bought the same at a grossly inadequate consideration to aid Codings to defraud Redenbaugh of Redenbaugh’s rights in and to the stock of goods. Cayton v.…
1Opinion of the Court
Gtántt, P. J.
This is an appeal from the circuit court of Newton county. On the twelfth of May, 1893, a demurrer was sustained to the original petition in the case, and on that day an amended petition was filed, upon which the cause was tried.
The petition alleges, substantially, these facts: That defendants are, and long have been, copartners; that on-day of-, 1891, plaintiffs were partners under the name of “W. H. Oollings & Oo.;” that said partnership was organized for the purpose of carrying on a general retail store; to buy at wholesale and sell at retail in the ordinary course of…
2Cases cited7 opinions
- Goddard-Peck Grocery Co. v. McCuneSupreme Court of Missouri · 1894
- Peet v. SpencerSupreme Court of Missouri · 1886
- Miller v. BrenekeSupreme Court of Missouri · 1884
- Farmers' Bank v. BaylissSupreme Court of Missouri · 1867
- Handlan v. McManusSupreme Court of Missouri · 1889
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3Cited by3 opinions
- Carlson v. P. F. Collier & Son Corp.Washington Supreme Court · 1937
- Tills v. Great Northern Railway Co.Washington Supreme Court · 1908
- Saint Louis Brewing Ass'n v. ElmerMissouri Court of Appeals · 1915