Poole v. Poindexter

Citations

• 72 Kan. 654
• 83 P. 126
• 1905 Kan. LEXIS 389

Syllabus

<p>1. Practice, Supreme Court — Findings by a Referee — Review. Where the evidence taken before a referee was not all preserved in the record his findings were held not open to review.</p> <p>2. Partnership — Adverse Interest of a Partner — Recovery of Expenses. A member of an association advanced money to a corporation to enable it to continue experiments that it had . contracted to make for the association, and accepted stock of the corporation for the funds so furnished. There was nothing in the evidence, only part of which was preserved, that was inconsistent with actual good faith and fair dealing. Under the circumstances it could not be said that the transaction was of such a character as to preclude the member from recovering from the association expenses incurred while looking after operations under the contract.</p> <p>3. Referee — Filing of Report — Withdrawal. A referee presented his report to the clerk on the last day allowed for its filing, had it marked “filed,” and then withdrew it and retained it for several days to have it bound. It was held that the report was filed in time.</p>