Palmer v. Pinkham
Supreme Judicial Court of Maine
On Motion to set aside the verdict, on report of the evidence. Assumpsit on an account annexed. The defendants were sued as partners. Pinkham was defaulted. The other denied the partnership. During the progress of the trial objections were made by plaintiff to certain rulings of the Judge in excluding and receiving testimony, which were noted. The verdict was for defendant.
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On Motion to set aside the verdict, on report of the evidence. Assumpsit on an account annexed. The defendants were sued as partners. Pinkham was defaulted. The other denied the partnership. During the progress of the trial objections were made by plaintiff to certain rulings of the Judge in excluding and receiving testimony, which were noted. The verdict was for defendant. All the evidence was reported by the presiding Judge, in which report the objections made by the plaintiff to the rulings were noted, but no exceptions were filed. The cause will be readily understood from the opinion. The…
1Opinion of the CourtShepley, C. J.
— When this case was presented on a former occasion, 33 Maine, 32, the letter addressed by Mr. Appleton to the plaintiffs, communicating to them the remarks made by the defendant Sayward, to him, constituted a part of the testimony. On the last trial it was offered and excluded. There was not in the former report, and is not now presented, any satisfactory proof, that the defendants were in fact partners. The only ground upon which the plaintiffs were then, or can now be considered as entitled *255to maintain the action, is, that part of the goods were sold and delivered upon a representation of…
2Cited by2 opinions
- Rimel v. HayesSupreme Court of Missouri · 1884
- Rogers v. EdmundLicking Circuit Court · 1901