Feigley v. Whitaker
Ohio Supreme Court
Error to the District Court of Perry county. The original action was brought in the Court of Common Pleas of Perry county, by John C. Whitaker, against Samuel Eeigley as the survivor of James E. Davis, partners of the late firm of Eeigley & Davis.
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Error to the District Court of Perry county. The original action was brought in the Court of Common Pleas of Perry county, by John C. Whitaker, against Samuel Eeigley as the survivor of James E. Davis, partners of the late firm of Eeigley & Davis. The action was brought for money loaned ; and the petition alleges that the plaintiff, “on the 15th day of February, 1866, while said James E. Davis was in full life, and while said partnership was in existence and doing business ■as such, he, at the request of said firm, through one of its members, James E. Davis, lent to said firm two hundred…
1DissentDay, J.
I do not concur in the affirmance of the judgment. As I regard the case, there was no evidence of an indebtedness of the firm but the admissions of a partner after the dissolution of the partnership. The court below, I think, erred in holding that such admissions were admissible to prove an indebtedness of the firm.
In support of the conclusion to which I have arrived, I refer to the following authorities: Palmer v. Dodge, 4 Ohio St. 21; Hackley v. Patrick, 3 Johns. 536; Walden v. Sherburne, 15 Johns. 409; Gleason v. Clark, 9 Cow. 57; Van Keuren v. Parmelee, 2 Comst. 523; Miller v. Neimerick,…
2Cases cited10 opinions
- Bell v. MorrisonSupreme Court of the United States · 1828
- Walden v. SherburneNew York Supreme Court · 1818
- Hackley v. PatrickNew York Supreme Court · 1808
- Winslow v. NewlanIllinois Supreme Court · 1867
- Yandes v. LefavourIndiana Supreme Court · 1830
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