McGrew v. Walker
Supreme Court of Alabama
Error to the Circuit Court of Mobile. Tried before the Hon. John Bragg. ■ This was an action by Daniel Walker against the plaintiffs in error, to recover the amount due on a promissory note, purporting to have been signed by McGrew & Harris, in favor of William Stewart and by him endorsed to the defendant in error. McGrew interposed a plea of non est factum, upon which issue was joined.
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Error to the Circuit Court of Mobile. Tried before the Hon. John Bragg. ■ This was an action by Daniel Walker against the plaintiffs in error, to recover the amount due on a promissory note, purporting to have been signed by McGrew & Harris, in favor of William Stewart and by him endorsed to the defendant in error. McGrew interposed a plea of non est factum, upon which issue was joined. It appears by the bill of exceptions, that on the trial below the plaintiff introduced one Meaher as a witness, who testified that William Stewart, Daniel Walker and himself were the owners of the steamboat…
1Opinion of the CourtParsons, J.
There was no error in admitting the testimony objected to. ■ It is true that the question, whether a partnership existed between two or more, is, after the facts are ascertained, a question of law, but we think that a witness who knows the fact may nevertheless be permitted to say that they are partners. The other party can, however, interrogate him as to the sources of his knowledge, and if it be found that his statement is opinion merely, it may then be rejected. But one, who knows that a partnership does exist, may say so, in so many words, and his testimony cannot be rejected on the…
2Cases cited1 opinion
- Anderson v. Snow & Co.Supreme Court of Alabama · 1846
3Cited by5 opinions
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- Sloss-Sheffield Steel & Iron Co. v. GreenSupreme Court of Alabama · 1909
- Cole v. VarnerSupreme Court of Alabama · 1857
- Alabama Securities Co. v. DeweySupreme Court of Alabama · 1908
- Letson v. HallAlabama Court of Appeals · 1911