Pleasants v. Fant
Supreme Court of the United States
Euros to the Circuit Court for the District of Maryland. P. & H. Pleasants sued Fant in the court below, and the single question in dispute was whether the defendant was a partner in the firm of Keene & Co., so as to charge him with a debt conceded to be due by that firm to the plaintiffs, arising out of some transactions in cotton.
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Euros to the Circuit Court for the District of Maryland. P. & H. Pleasants sued Fant in the court below, and the single question in dispute was whether the defendant was a partner in the firm of Keene & Co., so as to charge him with a debt conceded to be due by that firm to the plaintiffs, arising out of some transactions in cotton. The case was tried before a jury, and when the testimony was through, both plaintiffs and defendant prayed instructions of the court, which were all refused, and the court said to the jury, “ There is no evidence in this cause from which the jury can find that the…
1Opinion of the CourtJustice Miller
If the admission of Fant to plaintiffs, and the evidence of Keene, are insufficient to raise a •primd facie presumption of partnership, then Keene’s declarations on that subject were inadmissible, and the court was right in its instruction to the jury. If it was sufficient for that purpose then it was erronéous, and the evidence here offered of Keene’s statements to plaintiffs was improperly excluded.
The case rests after all on the question whether in Fant’s declaration to the plaintiffs and Keene’s deposition there was evidence of a partnership on which a verdict for plaintiff' could have…
2Cases cited1 opinion
- Bank of United States v. SmithSupreme Court of the United States · 1826
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