Smith v. Smith
33 Mo. 557
Opinion
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.
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Smith v. Smith, 33 Mo. 557 (Mo. 1863).
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