Chick v. Frey Coal Co.
Missouri Court of Appeals
Appeal from the Jackson Circuit Court. — Hon. J. H. Sloveb, Judge. The evidence shows in this case conclusively that the plaintiff always regarded the Prey Coal Company as liable; sold the coal to them; charged it on their books to them; presented their bills to them, and their own witness, Dusky, testifies that they expected to hold both Williams and the Prey Coal Company, or both Williams and Prey, and expected if Prey did not pay it, or the Prey Coal Company did not pay…
Read the full summary
Appeal from the Jackson Circuit Court. — Hon. J. H. Sloveb, Judge. The evidence shows in this case conclusively that the plaintiff always regarded the Prey Coal Company as liable; sold the coal to them; charged it on their books to them; presented their bills to them, and their own witness, Dusky, testifies that they expected to hold both Williams and the Prey Coal Company, or both Williams and Prey, and expected if Prey did not pay it, or the Prey Coal Company did not pay it, to hold Williams also. Under this state of facts Williams can not be liable at all under the statute of fraud, for…
1Opinion of the CourtEllison, J.
This action is on an account for coal alleged to have been sold to defendants as partners. On trial the case was dismissed as to Erey and a judgment was had against Williams. '
It appears that Williams was connected with the Frey Coal Company as bookkeeper. There was some evidence tending to show that he had some interest in the business besides a salary, but be that as it may, there was abundant evidence, the tendency of which was to show that plaintiff did not regard the Erey Company as solvent and that he did so regard defendant Williams, and that before making a sale of the coal he had an…
2Cases cited4 opinions
- Gill v. ReedMissouri Court of Appeals · 1893
- Kansas City Sewer Pipe Co. v. SmithCourt of Appeals of Kansas · 1889
- Rottman v. FixMissouri Court of Appeals · 1887
- Osborn v. EmeryMissouri Court of Appeals · 1892
3Cited by4 opinions
- Wahl v. CunninghamSupreme Court of Missouri · 1928
- Swarens v. PfniselSupreme Court of Missouri · 1930
- Waggoner v. DavidsonMissouri Court of Appeals · 1915
- Rubey Trust Co. v. WeidnerMissouri Court of Appeals · 1913