33 Mo. 557
Decided March 15, 1863
Supreme Court of Missouri · decided 1863-03-15
Louis Law Commissioner’s Cowrt. This was an action instituted before a justice of the peace, on the following account: “ 1855. — Andrew Smith to Bernard Smith, Dr. To amount of cash due Bernard Smith by defendant as plaintiff’s portion of cash, by defendant received for work done on North Missouri Railroad, section 24, in St. Charles county, ninety dollars; interest on same since 1st January, 1856, 3 years and 9 months.” There was a trial before the justice, which resulted…
Relies on Springer v. Cabell
Good law ✅— No negative treatment on recordhow we know
Decided 1863-03-15
Cited by 6 later decisions — most recently April 1908
6 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
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¶1delivered the opinion of the court.
¶2The first instruction asked by the defendant should have been given. The proper action was for a settlement of the partnership accounts.
¶3Until the accounts are settled, the plaintiff cannot recover a portion of the money received by the defendant on the partnership account. (Springer v. Cabell, 10 Mo. 640.)
¶4Judgment reversed.