Smith v. Smith
Smith v. Smith
33 Mo. 557
Cases that cite this one
7 later published cases cite this decision.
- Gilliam v. Loeb (Mo. Ct. App. 1908)
- Isbell v. Kenyon-Warner Dredging Co. (Tex. 1924)
- Gaskill v. Adams (Mo. Ct. App. 1900)
- Willis v. Barron (Mo. 1898)
- Clarke v. Mills (Kan. 1887)
- Newberger v. Friede (Mo. Ct. App. 1886)
- McMahon v. Thornton (Mont. 1881)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
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.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.