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21 Me. 492

Cragin v. Carleton

Supreme Judicial Court of Maine

Decided June 15, 1842

Supreme Judicial Court of Maine · decided 1842-06-15

Assumpsit on a note, dated February 20, 1838, in favor of the plaintiffs against James H. Carleton, Robert R. Haskins and Romulus Haskins, alleged to have then been copartners, doing business in the name of J. H. Carleton & Co. Carleton and Romulus Haskins were defaulted ; and the only question was, whether Robert R. Haskins was liable as a partner. The note, which was admitted to have been signed by Carleton in the partnership name, was read to the jury.

Cited by 1 later decisions — most recently August 1913

1 district ·

Good law ✅— No negative treatment on recordhow we know

Decided 1842-06-15

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¶1The opinion of the Court, Shepley J. taking no part in the decision, having been employed at the time of the argument in trying jury causes in the County of Piscataquis, was drawn up by

Whitman C. J.

¶2— The only questions raised by the defendants are, whether a judgment entered against them, as copartners upon default, in a suit between them and persons other than the plaintiffs, was admissible in this case to prove their copartnership; and, if it was, whether the reasons given by one of the defendants, who denies that he was a partner, disclosed by him to his counsel for suffering a default to be entered in that suit, were admissible together with the advice of his counsel thereon, by way of showing that the default should not be taken to be a concession that a partnership existed be*494tween them. As to the first question, we cannot regard it otherwise than as settled by the case of Ellis v. Jameson, 17 Maine R. 235, that such judgment is admissible. And, as to the other, we are not aware of any precedent in support of such a proposition ; but, on the contrary, the rules of evidence seem to be diametrically opposed to it. The effect of judgments'is never to be explained by parol; and surely not by the declarations of the parties to them, in opposition to what is obviously imported by them.

¶3Judgment on the default.

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