Whitney v. Ferris
New York Supreme Court
THIS was an action of assumpsit, for goods sold and delivered, brought by the plaintiff against Elijah Ferris, impleaded w^h Jonathan Ferris and Amos Bostwick. The goods in question were- sold to Bostwick, residing in Swanton, in the state of Vermont, on bis individual credit, and charged to him in the-books of the plaintiff.
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THIS was an action of assumpsit, for goods sold and delivered, brought by the plaintiff against Elijah Ferris, impleaded w^h Jonathan Ferris and Amos Bostwick. The goods in question were- sold to Bostwick, residing in Swanton, in the state of Vermont, on bis individual credit, and charged to him in the-books of the plaintiff. He became insolvent, and the present suit was brought to charge the other two defendants, J. Ferris, who ° ° s , _ _ resided at &wanton9 and E. Ferris, residing in the city of New-York, as secret partners of Bostwick. E. Ferris only was taken; the other two defendants…
1Per curiam
The declarations and acts of Jonathan Ferris *67are evidence toshow that he considered himself a partiler with Bostn,ick and Elija4 Ferris, but they are not evidence directly to implicate or charge Elijcth with being a partner. They were, therefore, admitted, in this case, in too broad a latitude, and we cannot say what influence they might have had with the jury in charging Elijah directly as a partner. We cannot certainly determine but that if those declarations had been understood and declared to operate only as an admission of Jonathan Ferris against himself, the jury might have formed a…
2Cited by14 opinions
- Vanderhurst, Sanborn, & Co. v. De WittCalifornia Supreme Court · 1892
- M. Fleshman & Co. v. CollierSupreme Court of Georgia · 1872
- Vannoy v. KleinIndiana Supreme Court · 1889
- Pierce v. M'ConnellIndiana Supreme Court · 1844
- Tozer v. HersheySupreme Court of Minnesota · 1870
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