Stout v. Lewis
Supreme Court of Missouri
APPEAL from the St. Louis Court of Common Pleas. 1. The plaintiffs were not entitled to recover without proof of their partnership. 2. The plea of the general issue denied the partnership of Anson and the defendant, and it was therefore incumbent on the plaintiff to prove it. 3. The defendant’s name not in any manner appearing on the bill, he could not be held as an acceptor without proof either that he did in point of fact accept it by the name of Geojge Anson &. Co.,…
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APPEAL from the St. Louis Court of Common Pleas. 1. The plaintiffs were not entitled to recover without proof of their partnership. 2. The plea of the general issue denied the partnership of Anson and the defendant, and it was therefore incumbent on the plaintiff to prove it. 3. The defendant’s name not in any manner appearing on the bill, he could not be held as an acceptor without proof either that he did in point of fact accept it by the name of Geojge Anson &. Co., or-that he was at the date of the acceptance a member of said firm — all of which was denied by the plea. 4. The affidavits…
1Opinion of the CourtScott, J.
This was an action of assumpsit on a bill of exchange, brought by the *439appellees against the appellant, on which they recovered a judgment on a trial which took place in his absence and that of his counsel.
After verdict, a motion was made to set it aside on the affidavits of the appellant and his counsel, which substantially stated that the appellant, with his counsel, was in attendance at the opening of the court until another cause was taken up for trial, which was unexpectedly terminated by a compromise; that the appellant had been advised by counsel that he had a good and meritorious…
2Cited by12 opinions
- Parks v. CoyneMissouri Court of Appeals · 1911
- Scott v. SmithSupreme Court of Missouri · 1896
- Hall v. McConeyMissouri Court of Appeals · 1910
- Oglesby v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1899
- Tidwell v. WitherspoonSupreme Court of Florida · 1881
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