Cayton v. Hardy
Supreme Court of Missouri
Error to Ralls Circuit Cou/rt. This was an action to recover possession of two yoke of oxen. It appeared in evidence that said oxen were a portion of the stock of a farm held and leased by the plaintiff. The defence relied on was that said stock was owned by said plaintiff Cayton and one Robertson as partners, and that Robertson sold said oxen to defendant.
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Error to Ralls Circuit Cou/rt. This was an action to recover possession of two yoke of oxen. It appeared in evidence that said oxen were a portion of the stock of a farm held and leased by the plaintiff. The defence relied on was that said stock was owned by said plaintiff Cayton and one Robertson as partners, and that Robertson sold said oxen to defendant. The defendant introduced in evidence the following agreement: “ Francis M. Cayton, the party of the first part, agrees to furnish a tract of land large enough to make a good stock farm ; also agrees to furnish farming utensils sufficient…
1Opinion of the CourtNapton, Judge
The instruction of the court in this case declared the articles of agreement produced in evidence to constitute a partnership between Cayton and Robertson, as to third persons, of the cattle and stock and proceeds of the farm, and that the sale to defendant was valid, unless the jury believed there was fraud on the part of Robertson, and that the defendant knew of and participated in the fraud.
That the written instrument executed by Cayton and Hardy constituted a partnership between them is by no means clear. The intention would rather seem to be to constitute a mere agency in Robertson, with…
2Cases cited1 opinion
- Chase v. BarrettNew York Court of Chancery · 1833
3Cited by10 opinions
- Lowman v. SheetsIndiana Supreme Court · 1890
- Schneider & Davis v. SansomTexas Supreme Court · 1884
- Broughton Bros. v. SumnerMissouri Court of Appeals · 1899
- Huey & Philp v. FishCourt of Appeals of Texas · 1897
- Kelley-Goodfellow Shoe Co. v. Long-Bell Lumber Co.Missouri Court of Appeals · 1900
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