Franklin v. Hoadley
Appellate Division of the Supreme Court of the State of New York
Sep abate appeals by the defendants, Joseph H. Hoadley and Joseph Leiter, from a judgment of the Supreme Court in favor of the plaintiffs, entered in the office of the clerk of the county of Hew York on the 14tli day of May, 1907, upon the verdict of a jury, and also from respective orders entered in said clerk’s office on the 14th day of May, 1907, and on the 22d day of May, 1907, denying the said defendants’ respective motions for a new trial made upon the minutes.
1Opinion of the Court
Laughlin, J.:
On a former appeal herein the majority of this court, in reversing a judgment against these same appellants, held, among other things, that where the existence of a copartnership is in issue, one partner may testify concerning the formation of the partnership, but that neither the admissions nor declarations of an alleged partner are competent evidence on the question- of the existence of the copartnership, but that after prima facie evidence of the existence of the copartnership has first been adduced such admissions and declarations in the course of the copartnership business *688ar…
2Cases cited1 opinion
- Franklin v. HoadleyAppellate Division of the Supreme Court of the State of New York · 1906
3Cited by6 opinions
- Boise Payette Lumber Co. v. SarretIdaho Supreme Court · 1923
- Franklin v. HoadleyAppellate Division of the Supreme Court of the State of New York · 1911
- Smith v. LeggAppellate Division of the Supreme Court of the State of New York · 1961
- Franklin v. HoadleyAppellate Division of the Supreme Court of the State of New York · 1911
- Franklin v. HoadleyAppellate Division of the Supreme Court of the State of New York · 1909
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