McPherson v. Rathbone
New York Supreme Court
This was an action of assumpsit, tried at the Albany circuit, in September, 1829, before the Hon. William A. Duer, then one of the circuit judges.
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This was an action of assumpsit, tried at the Albany circuit, in September, 1829, before the Hon. William A. Duer, then one of the circuit judges. The plaintiff proved the sale of a quantity of segars in September, 1825, and of another quantity in July, 1826, to the firm of Lyman Rathbone fy Co., by the admission of Lyman Rathbone, made on the 1st March, 1827, when he gave a note to the plaintiff for the balance claimed to be done, viz. $161,89, and signed the same with the name of Lyman Rathbone Co. The plaintiff called Joel Rathbone to prove that the firm of Lyman Rathbone ¿p Co. was…
1Opinion of the Court
By the Court,
Savage, Ch. J.
The point tobe proved was that the defendants were partners. The plaintiff failed in his-attempt to prove the articles of copartnership. He then un*219iertook to prove the partnership by shewing the instrument dissolving the partnership. The defendants’ attorney had been subpoenaed to produce it. He testified, though his evidence was objected to, that he had delivered such a paper to the plaintiff’s attorney. The court were correct in excluding testimony of a confidential character. If the paper in question was delivered by the clients to their attorney as a paper…
2Cited by15 opinions
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- Foster v. HallMassachusetts Supreme Judicial Court · 1832
- Kirby v. HewittNew York Supreme Court · 1858
- Converse v. ShambaughNebraska Supreme Court · 1876
- Lyman v. LymanU.S. Circuit Court for the District of Vermont · 1829
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