Parshall v. Fisher
Michigan Supreme Court
Error to Livingston. Trovbb. Defendant brings error. Statements of an agent of a firm as to wbo compose it are not admissible unless it is shown that he was a partner or that they were made in the hearing or by the knowledge or consent of partners, Collier on Partnership [4th Am. ed.] §§ 774-780; 1 Greenl. Ev. § 177; 2 id. § 484; 4 Stark. Ev. 1072; Heffron v. Hanaford 40 Mich. 305; Pleasants v. Fant 22 Wal. 119; Nudd v. Burrows 91 TJ.
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Error to Livingston. Trovbb. Defendant brings error. Statements of an agent of a firm as to wbo compose it are not admissible unless it is shown that he was a partner or that they were made in the hearing or by the knowledge or consent of partners, Collier on Partnership [4th Am. ed.] §§ 774-780; 1 Greenl. Ev. § 177; 2 id. § 484; 4 Stark. Ev. 1072; Heffron v. Hanaford 40 Mich. 305; Pleasants v. Fant 22 Wal. 119; Nudd v. Burrows 91 TJ. S. 438-9; Lockwood v. Beckwith 6 Mich. 172; Pennoyer v. David 8 Mich. 408; Mitchell v. Roulstone 2 Hall 357: Whitney v. Ferris 10 Johns. 66; Tuttle v. Cooper 5…
1Opinion of the CourtCampbell, J.
Fisher sued Parshall in trover for the value of a stock of boots and shoes, on which the latter had levied attachments against Thomas C. Moss and Ella B. Fisher, formerly Smith, and then wife of one George L. Fisher. The attachments were levied July 2, 1878, and judgments were obtained and executions issued in the middle of the same month, and the goods sold under them.
The property had been in the possession and ownership of the firm of Moss & Smith. That firm was dissolved in June, 1878, and Miss Smith retired. It is claimed by Fisher that this firm was composed of Christiana Moss and Ella…
2Cited by2 opinions
- Oelkers v. PendergrastNorth Dakota Supreme Court · 1943
- Wright v. WeimeisterMichigan Supreme Court · 1891