Chapline, Lewis & Co. v. Conant & Wheat
West Virginia Supreme Court
This case arose in Ohio county. The summons was brought to March rules, 1868. A trial was had in May following, and verdict and judgment for the defendants. But one question required determination in this court, and that was, as to the alleged partnership of defendant James S. Wheat. The opinion of the president contains an ample statement of the material facts. Authorities to sustain first assignment of errors.
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This case arose in Ohio county. The summons was brought to March rules, 1868. A trial was had in May following, and verdict and judgment for the defendants. But one question required determination in this court, and that was, as to the alleged partnership of defendant James S. Wheat. The opinion of the president contains an ample statement of the material facts. Authorities to sustain first assignment of errors. Bobinson’s Old Practice, vol. 1, p. 842; Parson’s Mercantile Law, pages 166 and 167; 5 O. B., N. S., pages 188 and 145; Greenleaf’s Evidence, vol. 2, page 893; James’ Bankruptcy,…
1Opinion of the Court
Brown, President.
This is an action of debt against Conant and Wheat on two bills of exchange, drawn by the plaintiffs and accepted by Edwards and Conant. Conant and Wheat jare sued as partners, under the style of Conant & Wheat.
The defendants pleaded non assumpsit, upon which plea there was issue, and the defendant Wheat also filed with his plea an affidavit denying the alleged partnership, thus putting the plaintiffs on the proof of the partnership as alleged.
Wheat was examined as a witness for the plaintiffs on the trial, and testified that he had never taken any share’in the conduct or…
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