Strader v. White
Nebraska Supreme Court
Error to Cass District Court. The facts are fully stated in the opinion. 1. The Court below erred in admitting in evidence the deposition of Samuel G. Willard.
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Error to Cass District Court. The facts are fully stated in the opinion. 1. The Court below erred in admitting in evidence the deposition of Samuel G. Willard. The evidence, if admissible at all, could only have been used as evidence in chief; and we contend it could not have been used as such, for the reason that the declarations of G. Fred White could not be given in evidence to affect his co-defendant, F. A. White, and also for the further reason that a partnership cannot be proved by evidence of the declarations of one of the members of the supposed firm. 2 Grreenleaf on Evidence, sect.…
1Opinion of the CourtLake, J.
In July, 1869, Albert J. Wadsworth and David Everest, who for some time- previous had been doing business together as partners, under the firm name of Wadsworth & Everest, entered into a contract with J. N. Converse & Co. to build a portion of the roadbed of the Midland Pacific Railroad. On the 20th of August following, the defendant in error, as subcontractor under Wadsworth & Everest, took the job of grading sections 28, 29, and 80 of said road, which he duly performed, and from time to time received payments thereon; so that, at the time of bringing this suit, there was still due him the…
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