Teller v. Hartman
Supreme Court of Colorado
Appeal from District Court of Summit Coimtg. Appellees, John H. Hartman and Martin Hartman, commenced this action in the district court of Summit county. In the complaint it is alleged that the plaintiffs were partners doing business under the firm name of J. H. Hartman & Brother, and that the defendants were partners doing business as the Teller Tie & Lumber Company.
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Appeal from District Court of Summit Coimtg. Appellees, John H. Hartman and Martin Hartman, commenced this action in the district court of Summit county. In the complaint it is alleged that the plaintiffs were partners doing business under the firm name of J. H. Hartman & Brother, and that the defendants were partners doing business as the Teller Tie & Lumber Company. It is further alleged that the defendants, doing business as aforesaid, were indebted to the appellants in the sum of $2,261.25 upon an account for goods sold and delivered by the plaintiffs to the defendants between the 8th day…
1Opinion of the CourtJustice Hayt
By the first assignment of error argued it is claimed that the partnership of the plaintiffs is not established by the evidence. Ho proof of partnership was necessary, the allegation of the complaint being admitted by the failure of the defendants to deny the same in their answer.
The- second objection urged has reference to the form of *449the verdict and judgment. The verdict is a general verdict for the plaintiffs. The judgment is against the defendants as partners. Now, as an issue was made by the pleadings upon Anderson’s connection with the firm, and no evidence having been introduced upon…
2Cases cited3 opinions
- Gargan v. School District No. 15Supreme Court of Colorado · 1878
- Hubbard v. DuboisSupreme Court of Vermont · 1864
- Langley v. GrillSupreme Court of Colorado · 1867
3Cited by4 opinions
- Briggs v. PeopleColorado Court of Appeals · 1912
- School District No 15 v. FlaniganSupreme Court of Colorado · 1901
- Briggs v. PeopleColorado Court of Appeals · 1912
- Goodin v. PittNevada Supreme Court · 1913