The Encyclopaedia of Evidence Volume 9

The Encyclopaedia of Evidence Volume 9

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1906 edition. Excerpt: ... the part Of the plain tifi. The statement is a mere dictum. 31-Gilpin r/. Temple, 4 Har. (Del.) 190; Gafiney '11. Hoyt, 2 Idaho 184, 10 Pac. 34; Marks 11. Hardy, 25 Ky. L. Rep. 1770, 1909, 78 S. W. 864, I105; Frank 1/. J. S. Brown Hdw. Co., IO Tex. Civ. App. 430, 31 SW. 64. "If the fact had been proved that the saw-mill business was openly carried on in Chipley, Fla., in the name of Hall & Mobley as partners, perhaps the common notoriety of this fact might also be proved to charge the defendant with probable knowledge of it, in order to show that by culpable silence or express agreement the defendant had permitted himself to be held out to the public as a partner; provided it were further proved that the debt sued for was contracted on the faith of this fact. and related to the alleged partnership business." Tanner & Delaney Engine Co. 2/. Hall, 86 Ala. 305, 5 So. 584. It has been said that if the party sought to be charged resides in the neighborhood he may be presumed to know of the reputation. Gay 1/. Fretwell, 9 VVis. I86. But when he resides elsewhere knowledge must be brought home to him-Campbell '21. Hastings, 29 Ark. 512. 32-First Nat. Bank 2/. Loggie, 14 /Vash. 699, 45 Pac. 644. But such an entry has been admitted in connection with other testimony. Entwisle 71. Mulligan (Pa.), I2 Atl. 766. 33-A'rkansas.--Campbell v. Hastings, 29 Ark. 512. C0l0rad0.--Mullins 2/. Gilligan, 12 Colo. App. 13, 54 Pac. I106. Kentucky.---Marks '11. Hardy, 25 Ky. L. Rep. 1770, 1909, 78 S. W. 864, I105. P. FROM WHOM EVIDENCE MAY COME.--Evidence of the actual existence of a partnership need not come from a member of the firm. It may be given by any witness who knows the facts." Q. P.-R'rv INcoMP1-: 'rEN'1' To TESTIFY Acxmsr...show more

Product details

  • Paperback | 472 pages
  • 189 x 246 x 24mm | 835g
  • Rarebooksclub.com
  • United States
  • English
  • black & white illustrations
  • 1236935543
  • 9781236935540