R. Patterson v. W. Choate
New York Supreme Court
This was an action of assumpsit, tried at the Genesee circuit in April, 1830. The declaration contained a count for goods sold and delivered, the common money counts, and an insimul computassent. The defendant pleaded the general issue and the statute of limitations. The plaintiff replied a new promise. Choate and Patterson, the defendants, were co-partners as merchants in New-Hampshire, where the plaintiff also resided, and where the defendants have continued to reside.
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This was an action of assumpsit, tried at the Genesee circuit in April, 1830. The declaration contained a count for goods sold and delivered, the common money counts, and an insimul computassent. The defendant pleaded the general issue and the statute of limitations. The plaintiff replied a new promise. Choate and Patterson, the defendants, were co-partners as merchants in New-Hampshire, where the plaintiff also resided, and where the defendants have continued to reside. The partnership of the defendants was dissolved about the 20th July, 1817. While the partnership continued, they had…
1Opinion of the Court
By the Court,
Sutherland, J.
The original indebtedness of the firm of Choate & Patterson was satisfactorily established by the testimony of George W. Patterson. The fact of a balance due to the plaintiff was shewn by entries made in the defendant’s own books of account before their dissolution, in the hand writing of one of the defendants. It was expressly held in Walden & Sherbune v. Eakin, 15 Johns. R. 409, that entries made by one of the partners, during the partnership, in their books of account, are admissible evidence against both. No objection was made at the trial to the competency of…
2Cited by18 opinions
- Little v. . BanksNew York Court of Appeals · 1881
- Van Keuren v. . ParmeleeNew York Court of Appeals · 1849
- Shoemaker v. . BenedictNew York Court of Appeals · 1854
- Cooper & Co. v. Coates & Co.Supreme Court of the United States · 1874
- Coffin v. Board of Com'rsU.S. Circuit Court for the District of Kansas · 1902
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