Smith v. Smith

33 Mo. 557 | Mo. | 1863

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.