Reports of Cases Argued and Adjudged in the Supreme Court of the United States; January Term, 1828-January Term, 1843
This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1828 edition. Excerpt: ... et al.) create a new cause of action; to revive a debt which is extinct; and thus to give an action which has its life from the new promise implied by law from such an acknowledgment, and operating and limited by its purport. It is then, in its essence, the creation of a new right, and not the enforcement of an old one. We think, that the power to create such a right does not exist after a dissolution of the partnership in any partner. There is a case in the Kentucky Reports, not cited at the bar, which coincides, as far as it goes with our own views; and if taken as a general exposition of the law. according to its terms, is conclusive on this point It is the case of Walker and Evans vs. Duberry(l Marshall's Rep. 189.) It is very briefly reported, and the opinion of the Court was as follows. "We are of opinion that the Court below improperly admitted asevidence against Walker, the certificate of J. T. Evans, made after the dissolution of the partnership, between Walker and Evans; acknowledging that the partnership firm was indebted to the defendant Duberry, in the sum demanded, in the action brought by him, in the Court below. It cites 3 Johns. Rep. 536. SMumf.R. 191. It does not appear what was the state of facts in the Court below, nor whether this was an action in which the statute of limitations was pleaded, or only non assumpsit generally. But the position is generally asserted, that the acknowledgment of a debt by one partner after a dissolution, is not evidence against the other. Whether the Court meant to say, in no case whatever, or only when the debt itself was proved, aliunde, does not appear. Its language is general and would seem to include all cases; and if any qualification were intended, it would have been natural for the...
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