Bambrick v. Simms
Supreme Court of Missouri
Error to St. Louis City Circuit Court. — Hon. Jacob Klein, Judge. (1) Partners must assent to a final balance before any one of them can be held in an action at law.
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Error to St. Louis City Circuit Court. — Hon. Jacob Klein, Judge. (1) Partners must assent to a final balance before any one of them can be held in an action at law. And to constitute such final balance, it must have received the assent of the partners, so as to bind them to an admission of its correctness. ‘2. Bates on Partnership, p. 906, sec. 860. (2) 'If a bookkeeper, an employee of such partnership, states the account at the request of the parties, it is prima facie evidence of an adjustment. Goodwin v. Armstrong, 19 Ohio, 44; Harris v. Harris, 39 N. H. 45; Judd v. Wilson, 6 Yt. 185;…
1Opinion of the CourtBurgess, J.
This case was before this court on a former occasion on defendant’s appeal (102 Mo. 158), to which reference may be had for a statement of its facts. The judgment of the court below was reversed and the cause remanded. Patrick Bambrick has since deceased, and the suit has been revived in the name of Rosa Bambrick, his administratrix.
After the case was remanded, the plaintiffs filed their sixth amended petition on which the trial was had, and in which it is alleged, “that said firm suffered a loss in doing said work of about $24,000; that Bambrick and Moraghan, and defendant Simms, were equal *50p…
2Cases cited3 opinions
- Buckner v. RiesSupreme Court of Missouri · 1864
- Byrd v. FoxSupreme Court of Missouri · 1844
- Bambrick v. SimmsSupreme Court of Missouri · 1890
3Cited by7 opinions
- Gilliam v. LoebMissouri Court of Appeals · 1908
- Jackson v. PowellMissouri Court of Appeals · 1905
- Laney v. FickelMissouri Court of Appeals · 1900
- McNealy v. BartlettMissouri Court of Appeals · 1907
- Powell Hardware Co. v. MayerMissouri Court of Appeals · 1904
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