Kirby v. Hewitt

Upon the trial of this cause the defendants were sought to be made liable as partners. The goods were sold to the defendant William E. Hewitt, and charged to him, on the plaintiffs' books. He selected all the goods but one parcel, and ordered the bill made out to him. Afterwards the plaintiffs took the note of William E. Hewitt in payment of the account. There was no evidence showing that Henry was a partner, either from his own admission, or from any proof of an agreement between the defendants. The plaintiff relied upon two facts, vizThat there had been a partnership between the defendants,…