Abbott v. Pearson
Massachusetts Supreme Judicial Court
Contract against the defendants as copartners doing business under the firm name of the New England Express Company. The case was disposed of as to all the defendants except Pearson; at the trial in the Superior Court, before Dewey, J., on the issue whether Pearson was a member of said firm, the jury returned a verdict for the defendant; and the plaintiffs alleged exceptions, which appear in the opinion.
1Opinion of the CourtMorton, J.
The issue in this case was whether the defendant Pearson was a member of the copartnership known as the New England Express Company.
1. The plaintiffs offered in evidence the records of the executive committee of the New England Express Company. It was not contended that the defendant had ever attended any meeting or had any knowledge of the records. The entries in the records were not competent for the purpose of proving that the defendant was a partner. Until he is shown to be a partner, such entries are res inter alios; they are mere declarations, not made under oath, of a third person,…
2Cases cited1 opinion
- Robins v. WardeMassachusetts Supreme Judicial Court · 1872
3Cited by3 opinions
- Hathaway v. ShalomMassachusetts Supreme Judicial Court · 1914
- Bryce v. JoyntCalifornia Supreme Court · 1883
- Adams v. TragerMassachusetts District Court, Appellate Division · 1947