Hudson v. Simon
California Supreme Court
Appeal from the Superior Court of the City of San Francisco. This was an action brought against Ulrich Simon and D. Simon for goods, wares and merchandise, purchased of plaintiff by defendants, doing business as “ Simon & Bro.” The defendants answered severally, both denying that U. Simon was a member of the firm or indebted to plaintiff for the goods. The answer of D. Simon admits that he and C. Simon are indebted to the plaintiff, as alleged in the complaint.
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Appeal from the Superior Court of the City of San Francisco. This was an action brought against Ulrich Simon and D. Simon for goods, wares and merchandise, purchased of plaintiff by defendants, doing business as “ Simon & Bro.” The defendants answered severally, both denying that U. Simon was a member of the firm or indebted to plaintiff for the goods. The answer of D. Simon admits that he and C. Simon are indebted to the plaintiff, as alleged in the complaint. The amount claimed is $966, being a balance of an account for goods sold to Simon & Bro., from May to September, in the year 1854. On…
1Opinion of the CourtJustice Heydenfeldt
Mr. Chief Justice Murray and Mr. Justice Terry concurred.
The admission, in evidence, of the letter to the plaintiff, signed “ Simon & Bro./' without any proof that it was written by U. Simon, or was in his handwriting, or that he authorized" it^to be written, was clearly erroneous.
It would be a hard case to make one liable as a partner upon the mere unauthorized statement of a third person. Partnership must be proved like any other fact, and cannot be established by mere surmise, suspicion, or inuendo. The same point was decided by this Court in Sinclair v. Wood, 3 Cal. Rep., 98.
The judgment…
2Cases cited1 opinion
- Sinclair v. WoodCalifornia Supreme Court · 1853
3Cited by1 opinion
- Hills v. SherwoodCalifornia Supreme Court · 1874