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Smith v. Smith
33 Mo. 557
Mo.
1863
Check Treatment
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 Details

Case Name: Smith v. Smith
Court Name: Supreme Court of Missouri
Date Published: Mar 15, 1863
Citation: 33 Mo. 557
Court Abbreviation: Mo.
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