Whitney & Bancroft v. Sterling & Hunter
New York Supreme Court
THIS was an action of assumpsit for goods sold and delivered, which was tried before Mr, Justice Van Ness, at the Jefferson circuit, in June, 1816. The defendants, Hunter and Sterling, had been taken upon the capias; the other two defendants were returned not found.
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THIS was an action of assumpsit for goods sold and delivered, which was tried before Mr, Justice Van Ness, at the Jefferson circuit, in June, 1816. The defendants, Hunter and Sterling, had been taken upon the capias; the other two defendants were returned not found. The goods in question were purchased of the plaintiffs by the direction of Samuel Brown, on account of the firm of Hunter, Sterling dr Co., of which firm Samuel Brown was proved to be a partner with the defendants, Hunter and Sterling. A witness stated that he had heard Hunter and Sterling say, that Samuel Brown and Jacob Brown…
1Per curiam
The only question in this case is, whether the testimony was sufficient to charge Jacob Brown as a partner with the other defendants. It is abundantly proved, that the other defendants were in partnership, and, so far as general reputation would go to establish the fact, Jacob Brown was also one of the firm of Hunter, Sterling, S Company, to whom the sale of the goods in question was made.
There was no objection to the testimony of general reputation. It must, therefore, be considered as evidence in the cause, and as forming a part of the testimony upon which the jury was to determine the fact…
2Cited by15 opinions
- People Ex Rel. Woronoff v. . MallonNew York Court of Appeals · 1918
- Van Eps v. DillayeNew York Supreme Court · 1849
- Adams v. . MorrisonNew York Court of Appeals · 1889
- Carter v. DouglassSupreme Court of Alabama · 1841
- Crandall v. BeachNew York Supreme Court · 1852
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