Moran Bros. v. Watson

Citations

• 44 Wash. 392
• 87 P. 508
• 1906 Wash. LEXIS 846

Syllabus

<p>Partnership — Bills and Notes — Execution—Evidence—Sufficiency. In an action upon a promissory note given by a partnership in aid of the construction of a battleship, in which the testimony of the two partners conflicts as to the authority of one of them to execute the note, the burden of proof upon the plaintiff is sustained where it appears that the construction company was one of the firm’s best customers, that the objecting partner was notified that a note had been executed therefor by the other in his absence, and made no objection, and the partner signing the note had no interest in making the subscription individually.</p> <p>Same — Books of Account — -Evidence—Admissibility. In such a case, it is not error to exclude evidence of the copartnership books of account, it being immaterial whether the note was entered-thereon in case it had been ratified.</p> <p>Same — Judgment—Entry Against One Member op Firm — Service of Process. One partner cannot complain that judgment for a partnership debt was entered against him alone, where he was the only partner served, knew that his copartner had not appeared, and that judgment would be taken against him alone, and made no motion for a new trial.</p> <p>Fullerton, J., dissenting.</p>