Roberts v. Herryford
Missouri Court of Appeals
Appeal from the Iloivard Circuit Coivrt.— Hon. John A. Hockaday, Judge. (1) It was error to permit $3,600 to be deducted from the receipts of the Mexican eating-houses for wages to plaintiff’s son. First. The evidence shows that this was an unnecessary and useless expense. Defendant protested against the employment of plaintiff’s son, as it entailed unnecessary cost. “An expenditure which is both unauthorized and unnecessary cannot be charged to the firm.”
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Appeal from the Iloivard Circuit Coivrt.— Hon. John A. Hockaday, Judge. (1) It was error to permit $3,600 to be deducted from the receipts of the Mexican eating-houses for wages to plaintiff’s son. First. The evidence shows that this was an unnecessary and useless expense. Defendant protested against the employment of plaintiff’s son, as it entailed unnecessary cost. “An expenditure which is both unauthorized and unnecessary cannot be charged to the firm.” Bates on Partnership, sec. 767; Marsh v. Mastersen, 2 Cent. Rep. 435; 2 Lindley on Partnership, sec. 789. Second. The claim, that the…
1Opinion of the CourtSmith, P. J.
— This is a suit in equity to settle a partnership account. The questions which are presented for our decision arise upon exceptions to the report of the referee to whom the case had been referred. The trial court confirmed that part of the report of the referee which allowed a charge of $3,600 made by the plaintiff for the services of his son in managing his railway eating-houses for the two years ■covered by the partnership between plaintiff and defendant. The defendant’s contention is that this item should have been disallowed plaintiff as a credit, and charged up on the debit side of the…
2Cases cited2 opinions
- King v. KingMissouri Court of Appeals · 1890
- Nelson v. NelsonMissouri Court of Appeals · 1890