Third National Bank v. D. A. Faults & Co.
Missouri Court of Appeals
Appeal from Pettis Circuit Court. — How. George F. Longcm, Judge. (1) There is no pretension that the plaintiff had notice before the notes sued on were executed by D. A. Fults & Company of the agreement between Beedy and co-partners; as to the manner in which they should raise the necessary capital for the firm of D. A. Fults & Co. to engage in the mail business.
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Appeal from Pettis Circuit Court. — How. George F. Longcm, Judge. (1) There is no pretension that the plaintiff had notice before the notes sued on were executed by D. A. Fults & Company of the agreement between Beedy and co-partners; as to the manner in which they should raise the necessary capital for the firm of D. A. Fults & Co. to engage in the mail business. Therefore all of the evidence of Beedy and the two Fults concerning their private partnership agreement was inadmissible, and the court erred in admitting such evidence over the objections of the plaintiff. Bates v. Forcht, 89 Mo.…
1Opinion of the CourtEllison, J.
— This action is based on a petition containing eight counts, each on a separate promissory note for borrowed money, and a ninth count on an overdraft. The judgment in the trial court was for the defendant Beedy and against the other defendants on each of the counts.
‘ The notes are signed, D. A. Fults & Co., J. A. Fults, D. A. Fults and J. D. Franklin. Defendant Beedy is sought to be held on the ground that he was a member of the partnership of D. A. Fults & Co. The only contest here is as to his liability; The business of the partnership of D. A. Fults & Co. was contracting with the federal…
2Cases cited6 opinions
- Deardorf's Administrator v. ThacherSupreme Court of Missouri · 1883
- Mechanics' Bank ex rel. Davis v. GilpinSupreme Court of Missouri · 1891
- Randall v. LeeMissouri Court of Appeals · 1897
- Webb v. AllingtonMissouri Court of Appeals · 1887
- Fendler v. DewaldMissouri Court of Appeals · 1883
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3Cited by5 opinions
- McGraw v. O'NeilMissouri Court of Appeals · 1907
- Schumacher v. the Sumner Tele. Co.Supreme Court of Iowa · 1913
- Boonville National Bank v. ThompsonSupreme Court of Missouri · 1936
- American Bonding Co. v. FultsMissouri Court of Appeals · 1911
- Shaw v. GunbyMissouri Court of Appeals · 1915