Cowan v. Kinney
Ohio Supreme Court
Error to tbe District Court of Ashland county. This action was instituted by Jacob Kinney, plaintiff below, defendant in error, to recovera judgment against John Cowan and Robert denn, as administrators of the estate of John denn, deceased, and Luther Potter.
Read the full summary
Error to tbe District Court of Ashland county. This action was instituted by Jacob Kinney, plaintiff below, defendant in error, to recovera judgment against John Cowan and Robert denn, as administrators of the estate of John denn, deceased, and Luther Potter. It is averred in the petition that in April, 1867, and in the lifetime of' John denn, that he and Luther Potter were partners in the purchase aud sale of sheep, and that as such partners they bought a lot of sheep from plaintiff below, and are indebted to him for the same in the sum of $1,650, for which sum plaintiff asks a judgment,…
1Opinion of the CourtAsitburn, J.
The record presents two principal questions for consideration:
1. The admission of certain testimony offered by plaintiff below; and,
2. The rejection of certain testimony offered by the administrators of John Glenn, deceased, defendants below.
The action was brought, as the testimony discloses, by Kinney, to recover the price and value of a lot of sheep bargained and sold by him to the defendant, Luther Pot*426ter; that, at the time of the transaction, Kinney had no-knowledge of the existence of any partnership relation between Luther Potter and John Glenn. Plaintiff below charged in his petition…
2Cases cited4 opinions
- McPherson v. RathboneNew York Supreme Court · 1831
- Whitney v. FerrisNew York Supreme Court · 1813
- Craig v. StateOhio Supreme Court · 1854
- Jennings v. EstesSupreme Judicial Court of Maine · 1839