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138 Mass. 143

Smith v. Jackman

Massachusetts Supreme Judicial Court

Decided November 17, 1884

Massachusetts Supreme Judicial Court · decided 1884-11-17

<p>In an action against the members of a partnership upon a promissory note, and on an account annexed for goods sold and delivered, if one of the issues is whether the plaintiff had notice of the dissolution of the partnership, a notice of such dissolution published in a newspaper is competent, in connection with other evidence tending to show that the plaintiff saw and read the notice.</p> <p>In an action against the members of a partnership upon a promissory note, and on an account annexed for goods sold and delivered, one of the issues was whether the plaintiff had notice of the dissolution of the partnership. He testified that he had no knowledge of such dissolution until after the bringing of the action. One of the partners, who alone defended the action, was allowed to put in evidence certain bills or statements of account for goods sold and delivered to him personally by the plaintiff at various times after the cause of action had accrued. Held, that the plaintiff had no ground of exception.</p>

Decided 1884-11-17

By the Court.

¶1One of the questions at the trial was whether the plaintiff had notice of the dissolution of the firm of Jackman Brothers. Upon this issue, the notice of the dissolution published in the Boston Daily Globe was competent, in connection with the other evidence in the case tending to show that the plaintiff had seen and read the notice.

¶2The plaintiff testified that he had no knowledge of the dissolution until after the bringing of this action. The defendant introduced in evidence “ certain bills or statements of account for goods sold and delivered to Thomas H. Jackman, at various times ” after the cause of action in this suit had accrued. If these were bills of goods such as the plaintiff was in the previous habit of selling to the firm, they would have some tendency to show that, when he rendered them, he knew that the firm had been dissolved, and thus to contradict his testimony. The bill of exceptions does not show any error in admitting them.

¶3 Exceptions overruled.

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