Smith v. Smith
33 Mo. 557 | Mo. | 1863
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.
