Western Assurance Co. v. Towle
Wisconsin Supreme Court
APPEAL from the Circuit Court for Outagamie County. The facts will sufficiently appear from the opinion. They argued, among other things, that the admission of Swan that he set the fire was not admissible in evidence against Towle. That was not a matter pertaining to the partnership business.
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APPEAL from the Circuit Court for Outagamie County. The facts will sufficiently appear from the opinion. They argued, among other things, that the admission of Swan that he set the fire was not admissible in evidence against Towle. That was not a matter pertaining to the partnership business. In order to bind the firm or be admissible the declaration of a partner must relate to the partnership business, and mere community of interest will not be sufficient, daggers v. Binnings, 1 Stark. 6é; Fairlie v. Pastings, 10 "Ves. Jr. 123, 126-7; 2 Wharton on Ev. secs. 1193, 1199; 1 Phillips onEv. 378;…
1Opinion of the Court
The folloAving opinion was filed December 23, 1885:
TayloR, J.
This action was brought by the insurance company to recover from the appellant and Swan about $1,000, which the company had paid to them upon a policy of fire insurance issued by said company to Towle & Swan as partners, upon an alleged loss by fire of property covered by said policy. The complaint charges that the payment of the $1,000 was procured by the defendants from the company by making false and fraudulent proofs of loss and by false swearing on the part of the defendants, Towle & Swan, as to the extent of their losses; and…
2Cases cited14 opinions
- Walden v. SherburneNew York Supreme Court · 1818
- Norden v. JonesWisconsin Supreme Court · 1873
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- Hartford Live Stock Insurance v. MatthewsMassachusetts Supreme Judicial Court · 1869
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