Rippey v. Evans

Decided October 15, 1855

Supreme Court of Missouri · decided 1855-10-15

Louis Circuit Court. This was an action to recover the value of certain lumber furnished to the defendants as partners, at their request, and particularly at the request of defendant, Dennis. No answer was filed by any defendant except Dennis, who denied that at any time he did business as a partner with the other defendants; that they alone were partners, and that he (Dennis) was their clerk.

Cited by 1 later decisions — most recently February 1910

1 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1855-10-15

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Scott, Judge,

¶1delivered the opinion of the court.

¶2We see no reason to disturb the finding of the court. It seems to be warranted by the evidence, or at least there was evidence enough to support it. Nor does the finding discredit the evidence on the part of the defendants. As to them, Dennis may not have been a partner ; but nothing is more familiar than that persons, as between themselves, may not be partners, whilst they will be so considered as to third persons.

¶3We see no variance between the proof and the cause of action as stated. The defendants were sued as partners, and the evidence conduces to establish the same fact. If Dennis held *159himself out to the world as a partner, though not a partner in fact, yet he wa<s one as to the world, and it was proper to charge him as such with the other partners.

The other judges concurring,

¶4the judgment is affirmed.