Supreme Court of Missouri, 1863

Smith v. Smith

Smith v. Smith
Supreme Court of Missouri · Decided March 15, 1863 · Bates, Bay, Dryden
33 Mo. 557

Smith v. Smith

Opinion of the Court

Bates, Judge,

delivered the opinion of the court.

The first instruction asked by the defendant should have been given. The proper action was for a settlement of the partnership accounts.

Until 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.)

Judgment reversed.

Judges Bay and Dryden concur.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.