Hinman v. Littell

Defendant in error brought an action of asswnpsii in the court below, against the plaintiffs in error and one William A. Wiggins, for a bill of goods which he claimed to have sold to them as partners, doing business under the name and style of “ Smith & Hinman.”

The main question in the case, as it comes before us, is, whether there was any evidence tending to show that Smith & Hinman (two of the defendants claimed to be members of the firm) had held themselves out as partners with Wiggins (the other defendant).

*485The court refused to charge that there was no such evidence; and some of the…