Pearce v. Strickler

Citations

• 9 N.M. 467
• 9 Gild. 467

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>Partnership — Creation—Joint Adventures — Joint Payers or Note— Promissory Notes — Action—Evidence—Trial—Judgment—Error —Reversal—Harmless Error. — 1. Where A. B. and C. D. agree to sell shares of stock owned by them individually and deposit the proceeds thereof in a bank iu the name of both, jointly, a partnership is not thereby created between them.</p> <p>2. A promissory note drawn to two persons in their individual names establishes a joint ownership, and not a partnership between the parties to whom the note is given.</p> <p>3. It is not error to refuse a second instruction upon a point fairly submitted to the jury by instructions given.</p> <p>4. In a suit brought by A. B. on a note given to A. B. and O. D. and indorsed in blank by C. D. before suit is brought, an ex parte statement of O. D. concerning the execution of the note is not admissible in evidence.</p> <p>5. Where substantial justice has been accomplished between the parties in the court below, the judgment will not be reversed by this court.</p>