Nicolai-Neppach Co. v. Abrams

BEAN, «T.

The appealing defendant, Ben Abrams, whom we will call the defendant, assigns error of the court in permitting plaintiff to file its amended reply at the time of the trial. This was in the sound discretion of the trial court and from an examination of the record there was no abuse in the exercise of such discretion. The point is not well taken.

At the close of plaintiff’s testimony, the defendant moved for a nonsuit and assigns error in the denial thereof. This raised the main question in the case. As a general rule one partner has no authority to bind the partnership of his copartner…