Stearns v. Haven
Supreme Court of Vermont
Assumpsit, on a promissory note, dated April 16, 1840. Plea, non assumpsit, and trial by jury. On the trial in the county court the plaintiff read the note declared upon, which purported to be signed by L. Haven & Co. ; and to prove that the defendants composed the firm of L. Haven & Co. the plaintiff offered the testimony of R. Colberth, D. A. Smalley, and John W. Mason.
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Assumpsit, on a promissory note, dated April 16, 1840. Plea, non assumpsit, and trial by jury. On the trial in the county court the plaintiff read the note declared upon, which purported to be signed by L. Haven & Co. ; and to prove that the defendants composed the firm of L. Haven & Co. the plaintiff offered the testimony of R. Colberth, D. A. Smalley, and John W. Mason. Colberth testified, in substance, that in April or May, 1840, he had a conversation with all the defendants, and that they all said they were partners in the business of running the stage and carrying the mail from…
1Opinion of the Court
The opinion of the court was delivered by
Williams Ch. J.
On examination of the case we are of *546the opinion that the question does not here arise, whether the written contract, bearing date March 28, 1840, made these defendants partners or not. Whether persons are partners únter se, may depend on their contract between themselves. ^Whether they are partners as to others is to be learned from /their conduct. In a suit in favor of a person who credits others as partners, it is rarely necessary to ^ive them notice to produce their articles of partnership; *but the proof is drawn from other sources.…
2Cited by1 opinion
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