79 Mo. App. 41 | Mo. Ct. App. | 1899
The purpose of this suit is to charge Defendant Kenefick with the amount of three acceptances (negotiable in form) purporting to have been executed in March, 1889, by the alleged copartnership of Kenefick & Gleeson, and due according to their face in the April, following. The instruments were executed by Gleeson in the name of Kenefick & Gleeson, and were given in payment for certain supplies furnished to Gleeson while grading and macadamizing one of the county roads leading into Kansas City. Plaintiff’s claim for recovery is based on the theory that Kenefick was a co-partner of Gleeson in doing the work just mentioned. Defendant denies that any such partnership existed at the time Gleeson executed the paper; and moreover if it did exist that even then Gleeson had no authority to bind defendant by the execution of the acceptances. The issues were tried by the court, sitting as a jury, resulting in a judgment for plaintiff and defendant appeals.
The principal and decisive point in the case is, whether, admitting the existence of a partnership at the time be'tween Gleeson and defendant, the latter can be held for the payment of the acceptances. To say the least, the evidence Avas quite convincing that Kenefick and Gleeson were copartners in both the making and performance of the contract for
Manifestly then Kenefick & Gleeson was not a trading partnership while contracting for and doing the grading and macadamizing of the Jackson county road. Neither of said partners then had the authority to bind the firm by the execution of negotiable paper, unless it should be shown that authority therefor was previously given by the other partner or knowing thereof he subsequently assented thereto.
It results then that the judgment must be reversed and cause remanded.