Wood v. Pennell
Supreme Judicial Court of Maine
Exceptions from the ruling of Cutting, J., and on motion by defendants to set aside the verdict as being against law and the evidence. This was an action of assumpsit on two notes of hand, one dated April 28, 1859, at New York, for $450, — the other dated January 10, 1860, for $500; both payable to the order of plaintiff, on demand with interest, and signed Harmon Pennell & Co. Harmon Pennell died a few months after the date of the last note.
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Exceptions from the ruling of Cutting, J., and on motion by defendants to set aside the verdict as being against law and the evidence. This was an action of assumpsit on two notes of hand, one dated April 28, 1859, at New York, for $450, — the other dated January 10, 1860, for $500; both payable to the order of plaintiff, on demand with interest, and signed Harmon Pennell & Co. Harmon Pennell died a few months after the date of the last note. The defendants deny their liability to pay the notes and that they were ever partners of Harmon Pennell. The evidence introduced by the plaintiff is…
1Opinion of the Court
*59The opinion of the Court was drawn up by
Davis, J.
This case cornos before us on exceptions, and a motion for a new trial, on the ground that the verdict is against the evidence.
The suit was upon certain promissory notes, payable to the plaintiff, and signed "Harmon Pennell & Co.” They were given by Harmon Pennell, who died in May, 1860; and the plaintiff claims that the defendants were his partners ; or, that they had so held themselves out as partners, in the community where they were engaged in business with him, as to bo estopped from denying it.
The defendants were engaged in shipbuilding…
2Cases cited4 opinions
- J. C. Hicks & Co. v. CramSupreme Court of Vermont · 1845
- Slaughter v. MorganCourt of Appeals of Kentucky · 1858
- Hall v. HuseMassachusetts Supreme Judicial Court · 1813
- Miles v. MilesSupreme Court of Pennsylvania · 1844
3Cited by4 opinions
- Parchen v. AndersonMontana Supreme Court · 1885
- Brown v. GrantSupreme Court of Minnesota · 1888
- Grey v. CallanSupreme Court of Iowa · 1907
- In re GolderDistrict Court, D. Maine · 1876