Legal Opinion

Brown v. Crandall

Supreme Court of Connecticut

Decided July 15, 1835PublishedCited by 13 opinions

This was an action on a promissory note, alleged to have been made by the defendants, G. B. Crandall and R. W. Roath, partners in business, in Norwich, under the name and firm of G. B. Crandall & Co., payable to Hyde, Cleveland & Co., and by them indorsed to the plaintiffs. Crandall was defaulted; and Roath appeared and pleaded Non as-sumpsit.

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This was an action on a promissory note, alleged to have been made by the defendants, G. B. Crandall and R. W. Roath, partners in business, in Norwich, under the name and firm of G. B. Crandall & Co., payable to Hyde, Cleveland & Co., and by them indorsed to the plaintiffs. Crandall was defaulted; and Roath appeared and pleaded Non as-sumpsit. The cause was tried at New-London, September term, 1834, before Bissell, J. On the trial, Roath denied that he ever was a partner of Crandall, in the firm of G. B. Crandall & Co. The plaintiffs, among other testimony to prove the partnership, enquired…

1Opinion of the CourtWaite, J.

In this case, the plaintiffs, to prove a partnership between the defendants, proposed to enquire of a witness, whether it was not generally reputed and believed, in the place where the defendants resided, that they were partners. To the admission of this evidence an objection was made, and the court excluded it.-The question now is, whether that evidence ought to have been received.

It is a general principle of the law of evidence, that the mere declarations of third persons as to any fact, or what is commonly called hearsay evidence, is inadmissible to establish that fact: such evidence is…

2Cases cited3 opinions

  1. Queen v. HepburnSupreme Court of the United States · 1813
  2. Davis v. WoodSupreme Court of the United States · 1816
  3. Chapman v. ChapmanSupreme Court of Connecticut · 1817

3Cited by13 opinions

  1. State v. BarlowSupreme Court of Connecticut · 1979
  2. Anfenson v. BanksSupreme Court of Iowa · 1917
  3. Uhl v. HarveyIndiana Supreme Court · 1881
  4. Butte Hardware Co. v. WallaceSupreme Court of Connecticut · 1890
  5. Cross v. Burlington National BankSupreme Court of Kansas · 1876

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