Rimel v. Hayes

Citations

• 83 Mo. 200

Syllabus

<p>1. Partnership: evidence. In an action to charge defendants as the partners of one S. who was not a party to the suit, statements of the latter made in the absence of defendants as to the existence of the partnership are not admissible in evidence to prove the same.</p> <p>2. -: -. Even had S. been a party to the action, such statements of his as to the existence of the partnership made in the absence of a co-defendant, would not have been admissible as against suchco-defendant.</p> <p>3. Partners, Authority of. Partners, in the absence of their asseDt or subsequent ratification, cannot be bound by the acts of a co-partner done outside of the partnership business.</p> <p>4. Partners: holding out to public as such. To render a person liable as a partner of another, it is not necessary that there be a partnership inter sese. It .is sufficient to bind him, that he so acted and conducted himself towards the public as to induce a reasonable ■ person to deal with him in the honest belief that such partnership existed.</p> <p>5. -: evidence. Where plaintiff so seeks to charge one as a partner of another on the ground that he held himself out to the public as such partner, only such acts and declarations of the former as -came to the knowledge of plaintiff before he dealt with him are admissible in evidence.</p>