Fagan v. Long
Decision Date | 31 March 1860 |
Parties | FAGAN, Respondent, v. LONG, Appellant. |
Court | Missouri Supreme Court |
1. An incoming partner is not liable for debts contracted before he enters the partnership; nor can his co-partner render him liable for such previously contracted debts by giving a note therefor in the partnership name. The incoming partner may, by his agreement, become liable for such debts, and the new firm may, with the consent of the creditors, novate such debts.
2. A party to a suit is entitled to examine as a witness any of the adverse parties thereto. (R. C. 1855, p. 1577, § 3.)
3. Where one of two defendants does not join in an appeal from a justice of the peace, the appellate court may, on proper motion, order a severance.
This was a suit originally instituted before a justice of the peace against Francis Shields and Patrick Long on the following promissory note:
The plaintiff obtained judgment before the justice, and the defendant Long appealed. On the trial in the law commissioner's court a severance was had as to the defendants on the ground that the defendant Shields did not join in the appeal from the judgment of the justice, and Shields was introduced as a witness in behalf of the plaintiff against the objection of defendant Long. It appeared in evidence that about the date of the above note Long became a partner of Shields in the grading of section seventeen on the south-west branch of the Pacific Railroad. Long purchased the interest of one Michael Dempsey, who was previous to that time a partner of Shields. The note was given for an indebtedness incurred by Shields and Dempsey. There was evidence introduced with a view to show that Shields and Long were to pay the debts incurred in the grading of said section seventeen by Shields and Dempsey.
The cause was tried by the court without a jury. The court, at the instance of the plaintiff, gave the following instructions or declarations of law:
The court gave the following instructions at the instance of defendant: ...
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Stone v. Guth
... ... time the debt sued upon was incurred. Hely v. Hinerman et ... al., 303 Mo. 147, 260 S.W. 471; Fagan v. Long, ... 30 Mo. 222; Hornberger v. Orchard, 39 Neb. 639, 58 ... N.W. 425; 5 C. J., sec. 94, p. 1362. (2) Trial court did not ... err in ... ...
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Associated Holding Co. v. W. B. Kelley & Co.
... ... Joseph the rights of the ... defendant, Fairleigh Realty Company, cannot be affected by ... the decision of this court. Fagan v. Long, 30 Mo ... 222; Urton v. Sherlock, 61 Mo. 257; Gray v ... Dryden, 79 Mo. 106; Peoples Bank of Glasgow v ... Yager, 329 Mo. 767, 46 ... ...
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Hely v. Hinerman
... ... Mr. Cope is a son-in-law of mine ... Yes, sir, I am well acquainted with Hinerman and Cope, I have ... known Hinerman not so very long, I have known him a few ... years. Myself, Cope and Hinerman entered into a partnership ... agreement at one time. That is the articles of ... The argument of counsel for appellant to the ... contrary is unsound, as shown by these cases: Bank v ... Sandusky, 51 Mo.App. 398; Fagan v. Long, 30 Mo ... 222; Spaunhorst v. Link, 46 Mo. 198; Allen v ... Logan, 96 Mo. 591; Warren & Son v. Maloney, 29 ... Mo.App. 101; Bust ... ...
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Hely v. Hinerman
...same. The argument of counsel for appellant to the contrary is unsound, as shown by these cases: Bank v. Sandusky, 51 Mo. App. 398; Fagan v. Long, 30 Mo. 222; Spaunhorst v. Link, 46 Mo. 198; Allen v. Logan, 96 Mo. 591, 10 S. W. 149; Warren v. Maloney, 29 Mo. App. 101; Bust v. Long, 75 Mo. A......