Smith v. Burnham
U.S. Circuit Court for the District of Massachusetts
Bill in equity, wherein the plaintiff [Frederick Smith] asserted an agreement between himself and the defendant [Daniel Burnham] to become copartners in the business of purchasing and selling lands and lumber in the state of Maine, and the purchase, by the said defendant, of lands and lumber, in pursuance of this agreement, for which he has never accounted to the plaintiff, and praying an account thereof, and a conveyance to the plaintiff of his share of the property, which…
Read the full summary
Bill in equity, wherein the plaintiff [Frederick Smith] asserted an agreement between himself and the defendant [Daniel Burnham] to become copartners in the business of purchasing and selling lands and lumber in the state of Maine, and the purchase, by the said defendant, of lands and lumber, in pursuance of this agreement, for which he has never accounted to the plaintiff, and praying an account thereof, and a conveyance to the plaintiff of his share of the property, which remained unsold. Admissions by the defendant of the asserted copartnership were alleged in the bill in the following…
1Opinion of the Court
STORY, Circuit Justice.
The main question arising out of this exception is. whether, where a fact is charged, and put in issue in a bill, the examinations of witnesses to the confessions, conversations and admissions of the defendant, are admissible to prove the fact, unless such confessions, conversations, and admissions are expressly charged in the bill, as evidence of such fact. The argument for the defendant is, that they are not; for unless they are so charged, the defendant has no opportunity given to deny them by his answer, or to explain them; and thus is liable to be taken by…
2Cases cited2 opinions
- Marks v. PellNew York Court of Chancery · 1815
- Park v. PeckNew York Court of Chancery · 1829
3Cited by1 opinion
- Cannon v. CollinsCourt of Chancery of Delaware · 1867