Turner v. McIlhaney

Citations

• 8 Cal. 575

Syllabus

<p>In an action against a partnership, and in order to prove that one of the defendants was a a partner, it is incompetent to ask a witness, whether, from what he saw* while working for the firm, and from the acts of the particular defendant during that time, he was a partner. It does not amount even to evidence of common report.</p> <p>Common report can only be admissible, to prove a partnership; first, in corroboration, and, second, to prove knowledge of it, on the part of the plaintiff. \\</p> <p>Defect of proof may be cured by testimony introduced by the adverse party.</p> <p>A deposition of one of the defendants, introduced by plaintiff, on trial, may be introduced by the defendants on a new trial.</p> <p>The party who calls on an adverse party to testify, makes him a witness, and waives his incompetency to be heard for himself or for his co-defendant, or co-plaintiff.</p>