De St. Aubin v. Laskin

Appellees sued appellant and Ovide De St. Aubin jointly in assumpsit for goods sold and delivered. Appellant pleaded the general issue and non-joint liability, and verified his pleas. A trial before the court and a jury resulted in a verdict and judgment against appellant, from which he appealed.

The evidence shows that appellant, in the latter part of December, 1895, stated to one Kimball, a credit man of Field & Co., that he would be a partner of Ovide De St. Aubin on January 1, 1896; that the partnership was to take place as of that date, and at the time of that conversation had statements…