Deputy v. Harris

Citations

• 15 Del. 100

Syllabus

<p>Partnership. Evidence.—Where a suit is between the partners themselves, strict proof of the existence of the partnership is required.</p> <p>Same.—When the suit is by a third person against an alleged partner, all the facts and circumstances from which the existence of a partnership may be fairly and reasonably inferred are admissible.</p> <p>Same.—Partnership may be proved by general reputation.</p> <p>Same.—In an action to recover on the claim that credit was induced by a party’s holding himself out as a partner in a firm, the plaintiff’s belief as to the existence of such partnership is immaterial and not proper to go in evidence.</p> <p>Same.—Where a notice of such partnership is published and brought to the attention of the alleged partner, who neither denies nor affirms it, he is affected by such notice and the same is admissible as evidence in the cause.</p> <p>Same.—Proof of general reputation that two persons were partners cannot be rebutted by evidence that one of them had been sued by others as doing business alone under the firm name.</p> <p>Evidence.—Proof of general reputation cannot be rebutted by evidence of specific facts, but only by general reputation.</p>