C. H. Conrades & Co. v. Spink
Missouri Court of Appeals
Appeal from the St. Louis City Circuit Court. — Hon. James. E. Withrow, Judge. This suit having been commenced and prosecuted in the firm name, and the individual names of the parties comprising the firm not appearing in any of the proceedings, there was a complaint by nobody, and, on motion of appellant, the proceedings should have been dismissed. HammersmiJi v. Hilton, 8 Mo.
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Appeal from the St. Louis City Circuit Court. — Hon. James. E. Withrow, Judge. This suit having been commenced and prosecuted in the firm name, and the individual names of the parties comprising the firm not appearing in any of the proceedings, there was a complaint by nobody, and, on motion of appellant, the proceedings should have been dismissed. HammersmiJi v. Hilton, 8 Mo. App. 564; Seeley v. Schenck, 2 N. J. L. 35; Smith v. Caulfield, 8 Mich. 493; Blackwell v. Reid, 41 Miss. 102 ; Crandall ®. Danny, 2 N. J. L. 101. Partners may sue and recover in their firm name. House v. Duncan, 50 Mo.…
1Opinion of the CourtRombauer, P. J.
The plaintiffs, a firm composed of C. H. Conrades and C. F. Ellerbrake, brought suit in their firm name of C. EL Conrades & Co., before a justice of the peace, against the defendant upon an account for goods sold and delivered. The account filed by them, as their cause of action, indicated upon its face that it was owned by C. EL Conrades and C. F. Ellerbrake, but all the other papers in the case before the justice, including the justice’s docket entries, purport to relate to a suit by C. H. Conrades & Co.
Upon trial anew in the circuit court,'the defendant’s counsel objected to the…
2Cases cited2 opinions
- House v. DuncanSupreme Court of Missouri · 1872
- Beattie v. HillSupreme Court of Missouri · 1875
3Cited by11 opinions
- Spaulding Manufacturing Co. v. GodboldSupreme Court of Arkansas · 1909
- F. Mitchell & Bro. v. RailtonMissouri Court of Appeals · 1891
- Haney v. ThomsonSupreme Court of Missouri · 1936
- Neiswanger v. OrdSupreme Court of Kansas · 1909
- Unifund CCR Partners v. KinnamonMissouri Court of Appeals · 2012
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