Bill v. Porter
Supreme Court of Connecticut
This was an action of assumpsit against Nehemiak Porter and John Porter. The declaration consisted of several counts. The first was a general count for goods sold and delivered to the defendants. The second count stated, that the defendants and one Daniel’Burrows, jun., since deceased, being manufacturers, carrying on business in the name of Daniel Burrowst jun., were indebted to the plaintiff for goods sold and delivered to the defendants.
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This was an action of assumpsit against Nehemiak Porter and John Porter. The declaration consisted of several counts. The first was a general count for goods sold and delivered to the defendants. The second count stated, that the defendants and one Daniel’Burrows, jun., since deceased, being manufacturers, carrying on business in the name of Daniel Burrowst jun., were indebted to the plaintiff for goods sold and delivered to the defendants. Another count alleged, that the defends ants and one Daniel Burrows, jun., being manufacturers, carrying on business in the name of Daniel Burrows, jun.,…
1Opinion of the CourtWilliams, J.
The grounds relied upon, in support of the motion for a new trial, are, that the testimony offered by the defendants was improperly rejected, and that the charge was incorrect.
To determine the first question, we must take it as an admitted fact, that the witness was a partner ; a fact too often admitted, byythese defendants, to be contradicted by them ;— for although their declarations cannot affect the interest of the witness ; yet as it respects the defendants, the court must regard them as true.
That point being conceded, the question is, whether one partner, who is not sued, can be a,…
2Cases cited5 opinions
- Sheehy v. Mandeville & JamessonSupreme Court of the United States · 1810
- Johnson v. JohnsonMassachusetts Supreme Judicial Court · 1814
- Sturges v. BeachSupreme Court of Connecticut · 1816
- Barnwell v. MitchellSupreme Court of Connecticut · 1819
- Beach v. SwiftSupreme Court of Connecticut · 1817
3Cited by23 opinions
- The People v. . the Canal AppraisersNew York Court of Appeals · 1865
- McManus v. CarmichaelSupreme Court of Iowa · 1856
- State v. KorrerSupreme Court of Minnesota · 1914
- St. Louis, Iron Mountain & Southern Railway Co. v. RamseySupreme Court of Arkansas · 1890
- Church v. MeekerSupreme Court of Connecticut · 1867
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