Easterly v. Bassignano & Larco
California Supreme Court
Appeal from the Seventh Judicial District. This is an action brought by the respondent, Easterly, to recover jointly of the defendants, Bassignano and Larco, the sum of $2,248.64 for goods, wares and merchandise sold and delivered, and for money advanced by the said plaintiff to said defendants.
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Appeal from the Seventh Judicial District. This is an action brought by the respondent, Easterly, to recover jointly of the defendants, Bassignano and Larco, the sum of $2,248.64 for goods, wares and merchandise sold and delivered, and for money advanced by the said plaintiff to said defendants. The defendant Nicolas Larco filed a separate answer, specifically denying the allegations of the complaint, and denying that he was in any way interested in the purchase of the goods or the borrowing of the money alleged in the complaint. There is also an answer on file, purporting to be the answer of…
1Opinion of the CourtCope, J.
This is an action upon an alleged indebtedness for money loaned, and for goods sold and delivered. On the trial of the case, the plaintiff introduced as a witness the defendant Bassignano, by whom the money and goods had been received. The principal question was as to the existence of a partnership between him and the defendant Larco ; and it is objected that he was an incompetent witness to prove the partnership. We are of opinion that this point is well taken, and that he was incompetent to give testimony, which, as between him and his codefendant, inured to his own benefit. The statute…
2Cases cited1 opinion
- Washburn v. AldenCalifornia Supreme Court · 1855
3Cited by2 opinions
- Bowen v. AubreyCalifornia Supreme Court · 1863
- Fairchild v. AmsbaughCalifornia Supreme Court · 1863