Pirie v. Gillitt
North Dakota Supreme Court
PPEAL from district court, Ricbland county; Hon. D. E. Morgan, Judge, presiding. Action on account for goods sold. Yerdict for plaintiffs by direction. Motion for new trial denied, and judgment entered on tbe verdict. From tbe judgment and order refusing a new trial defendant Harvey Gillitt appeals. The unauthorized statements of a person that a partnership exists between certain persons will not bind the . person so charged.
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PPEAL from district court, Ricbland county; Hon. D. E. Morgan, Judge, presiding. Action on account for goods sold. Yerdict for plaintiffs by direction. Motion for new trial denied, and judgment entered on tbe verdict. From tbe judgment and order refusing a new trial defendant Harvey Gillitt appeals. The unauthorized statements of a person that a partnership exists between certain persons will not bind the . person so charged. Lawson on Bight's and Practice, § 642; 2 Greenleaf on Evidence, § 484; McPherson v. Bathbone, 7 Wend. 216; Whitney v. Ferris, 10 Johns. 66. A partner, retiring from the…
1Opinion of the Court
The opinion of the court was delivered by
Bartholomew, J.
There must be a new trial in this case. The action was on account for goods sold by the plaintiff firm to the firm of Gillitt Bros. Harvey Gillitt only made defense, and the sole issue was as to his membership in the firm of Gillitt Bros. The case was 'tried in February, 1891. The court, on motion, directed a verdict for the plaintiff, and Harvey Gillitt appeals. The respondents began dealing with the firm of Gillitt Bros, in 1887. The goods for the value of which the action was brought were sold in August, 1888. To prove that Harvey…
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