Dickson v. Collins, Brother & Co.
Supreme Court of Alabama
Error to the Circuit Court of Chambers. Tried before the Hon. John J. Woodward. This was an action of assumpsit by the defendants against the plaintiff in error to recover for goods sold and delivered to the firm of D. Dickson & Co., which firm they allege was composed of Josiah Dickson, the defendant below, and David Dickson.
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Error to the Circuit Court of Chambers. Tried before the Hon. John J. Woodward. This was an action of assumpsit by the defendants against the plaintiff in error to recover for goods sold and delivered to the firm of D. Dickson & Co., which firm they allege was composed of Josiah Dickson, the defendant below, and David Dickson. No proof was offered or proposed to be offered to show that the defendant was a member of the firm of D. Dickson & Co., but the plaintiff offered David Dickson, an admitted member of it, as a witness, to prove the sale and delivery of the goods to said firm. The…
1Opinion of the CourtChilton, J.
The Circuit Court committed an error in admitting the testimony of D. Dickson, the object of which was to fix a joint liability for a demand, which the witness was con*636fessedly bound to pay. The declaration charges the witness’ liability; he admits it., and the plaintiff below now offers him to prove that Josiah Dickson is jointly liable with himself, blithe is met with the objection that the evidence is improper, unless a partnership is provad aliunde. This the plaintiff failed to do, nor did he even propose to connect such proof with proof of a partnership thereafter to be adduced. The case…
2Cases cited1 opinion
- Taylor v. HendersonSupreme Court of Pennsylvania · 1828
3Cited by3 opinions
- Thompson v. DrakeSupreme Court of Alabama · 1858
- Hoyt v. MurphySupreme Court of Alabama · 1850
- Browning v. KellySupreme Court of Alabama · 1899