6 Mo. App. 518 | Mo. Ct. App. | 1879
delivered the opinion of the court.
This is a suit upon claim and delivery of personal property, commenced before a justice of the peace. The defendant recovered ; and upon plaintiff’s appeal to the Circuit
• In April, 1875, George D. Betts, a minor, formed an equal copartnership with one Peterson in a certain printing business, for a term of one year from date, under the name of “Geo. D. Betts & Co.” Betts contributed the goodwill and contents of a small job-printing office, a part of which constitutes the subject of this controversy. Peterson contributed thereto a contract with the Theatre Comique to furnish it programmes for one year from date gratuitously, with the right to charge for the advertisements thereon. The firm continued in business till February, 1876, when Betts bought Peterson’s interest, giving him for the purchase-money notes to the extent of $500 secured by chattel mortgage on the press here in dispute, which was a part of the stock contributed by Betts to the firm business. Said notes were indorsed for value before maturity, by Peterson, to the St. Louis Type Foundry, who then had notice of Betts’s minority. After maturity of the notes, the Type Foundry sold the press under the mortgage, to satisfy the amount unpaid on the notes, and became itself the purchaser.
Prior to said sale, Betts gave written notice to all parties concerned that he repudiated the mortgage because of his-minority.
After the sale, the Type Foundry, waiving its right under the purchase at the mortgage sale, sued Peterson on hisindorsement, attached Peterson’s interest in the firm, and levied on the press in controversy to satisfy the amount yet due, Peterson being a non-resident. The press levied on was a part of the partnership effects. The Type Foundry still owns the notes. This suit, prosecuted by the guardian ad litem of Betts, who is still a minor, is against the constable who levied the attachment. The Circuit Court, sitting as a jury, found for the plaintiff, with one cent damages. Defendant appealed.
An infant may, (luring his minority, repudiate his con
The judgment will be reversed and the cause remanded.