Kidder v. Norris
Superior Court of New Hampshire
Assumpsit. The defendants were inn-keepers, and the conduct of one of them, True Norris, was such as to make Mm liable to the plaintiffs as a partner, though in fact he was not such.
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Assumpsit. The defendants were inn-keepers, and the conduct of one of them, True Norris, was such as to make Mm liable to the plaintiffs as a partner, though in fact he was not such. The charges in the plaintiff’s book were against “ True-worthy Nor-ris,” against “True Norris” and against “ T. Norris,” and the items so variously charged were posted to one account, extending over several pages in the ledger, which were variously headed, “ Trueworthy Norris” and “ True Norris.” It was objected that the defendants could not be jointly charged upon the evidence afforded by these entries, but must…
1Opinion of the CourtGilchrist, J.
This action is brought against the defendants as partners, and a joint liability is thereby charged upon them.
*534The day book contains charges against each of them severally; that is, it contains charges against True Norris, Trueworthy Norris, and T. Norris, severally; and one page of the ledger is headed Trueworthy Norris, and the other True Norris.
These charges are not evidence of any sales of goods to the two jointly. They do not purport to record the delivery of goods to the two. But some of the charges are against one, and some against the other. The hooks must, therefore, be laid aside, as…
2Cases cited2 opinions
- Hilton v. BurleySuperior Court of New Hampshire · 1820
- Sawyer v. TappanSuperior Court of New Hampshire · 1843
3Cited by1 opinion
- Richards v. ColumbiaSupreme Court of New Hampshire · 1874