Johnson v. Marx Levy & Bro.

Citations

• 109 La. 1036
• 34 So. 68
• 1902 La. LEXIS 171

Syllabus

<p>EVIDENCE — FAILURE TO PRODUCE — PRESUMPTIONS — CONTRACTS — PARTNERSHIP — ESTOPPEL-FRAUDULENT CONVEYANCE.</p> <p>1. When effective proofs are within the reach of a party and he fails to produce them, a presumption is raised that they would, if produced, make against him.</p> <p>2. Whatever a party should know and has opportunity of knowing, he is presumed, as to innocent third persons, to have known.</p> <p>3. As parties hold themselves out to a community, or permit this to be done, so will they be bound on their contracts.</p> <p>4. If one lends his name as a partner, or suffers his name to be used in the business, he is responsible to third persons as a partner, for he may induce third persons to give credit to the concern which otherwise it would not eujoy.</p> <p>5. When the fact of the continuing partnership is clearly shown, and that which was done for which liability is claimed is one of many acts of the same or similar character, well known to the party sought to be charged, plaintiff will not be required to show that he knew of the continuation of the partnership, or of such party’s knowledge of the particular act in question from which liability is claimed to result.</p> <p>6. The law holds parties to their allegations of record. Such averments are the highest evidence against those who make them. Nor will they be permitted to deny or contradict that which they thus solemnly declare in a judicial proceeding. While this rule is not without its exceptions, the case presented does not fall within the exceptions.</p> <p>7. A contract made between a debtor and his creditor, from which results a preference to the latter over other creditors, and the creditor so favored knew of the insolvency or embarrassed condition of the debtor, will be set aside as fraudulent.</p> <p>(Syllabus by the Court.)</p>