Hee Fat v. Wong Kwai

Citations

• 23 Haw. 328
• 1916 Haw. LEXIS 9

Syllabus

<p>Bills and Notes — statute of limitations — motion for nonsuit.</p> <p>In. an action on a promissory note where evidence is received on behalf of plaintiff tending to prove a payment which would prevent the running of the statute of limitations, such evidence not being objected to on any proper ground, a motion for a non-suit on the ground that the claim is barred by the statute of limitations, is properly denied although such payment has not been pleaded.</p> <p>Witnesses — proof of handwriting.</p> <p>A witness who is called on to prove handwriting merely by comparison of hands must be shown to be an expert and it is error to permit one who has not qualified as such to testify as an expert.</p> <p>Partnership — nontrading—power of members to execute notes.</p> <p>In order to hold a nontrading partnership upon a note given in the firm name by one partner it must he shown as a question of fact that authority to execute the note existed, or that the act has been ratified (Lea Boto v. Young Yung, 11 Haw. 772).</p>