Latham v. Kenniston
Superior Court of New Hampshire
Assumpsit, upon several promissory notes and orders signed “ Colby & Kenniston.” At the trial upon the general issue, the only question was whether Kenniston were in partnership with Colby at the dates of the instruments declared on. It appeared in evidence, that Colby lived at Boston, and Kenniston at Campion, in this state, and that the signatures to the notes and orders were in the hand writing of Colby.
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Assumpsit, upon several promissory notes and orders signed “ Colby & Kenniston.” At the trial upon the general issue, the only question was whether Kenniston were in partnership with Colby at the dates of the instruments declared on. It appeared in evidence, that Colby lived at Boston, and Kenniston at Campion, in this state, and that the signatures to the notes and orders were in the hand writing of Colby. The writ was not served upon Colby, and the plaintiff offered in evidence his deposition, in which he deposed that he signed the partnership name to the instruments, as a partner with…
1Opinion of the CourtGilchrist, J.
Upon the question presented by this case, *204there are contradictory decisions, made by tribunals of very high authority. The doctrine of the English court of King’s Bench would permit the partner in this case to testify; while the court of Common Pleas in England, and some tribunals in this country, would exclude him. In the case of Blackett vs. Wier, 5 B. & Cr. 385, which was assumpsit for goods sold to a steam yacht company, a witness, called to prove that the defendant had a share in the concern, admitted that he himself was jointly liable and a partner. Abbott, C. J., said that the witness…
2Cases cited2 opinions
- Anderson v. The President, Directors, & Co. of the Highland TurnpikeNew York Supreme Court · 1819
- Gregory v. DodgeCourt for the Trial of Impeachments and Correction of Errors · 1835
3Cited by2 opinions
- Abbott v. First Universalist SocietySuperior Court of New Hampshire · 1853
- Green v. PickeringSuperior Court of New Hampshire · 1854